Bell v. Tri-Met

The two year statute of limitations on a tort action against a public body contained in ORS 30.275(9) supersedes the three year limitation on a survival action for personal injuries by a personal representative contained in ORS 30.075(1).

Bell appealed a decision that the two year limitation on commencement of an action contained in ORS 30.275(9) supersedes the three year limitation found in ORS 30.075(1). Decedent was injured while disembarking from a bus on September 4, 2007. He died September 9, 2008 from unrelated causes. The action against Tri-Met was commenced on September 18, 2009. The trial court reasoned that ORS 30.075(1) functioned as a statute of limitations and, therefore, the language in ORS 30.275(9) meant that the two year limitation contained therein applied in place of the limitation in ORS 30.075(1). The trial court dismissed that action. The Court of Appeals upheld the trial court's interpretation of ORS 30.075(1) and affirmed the dismissal. The Supreme Court held the interpretation of the statutes by the lower courts was correct. The two year limitation applied and the action had not been commenced in time. Dismissal was proper. Affirmed.