Heng-Nguyen v. Tigard-Tualatin School District

• Court: Oregon Court of Appeals
• Area(s) of Law: Civil Procedure
• Date Filed: 12-30-2015
• Case #: A155842
• Judge(s)/Court Below: Armstrong, P.J. for the Court; Nakamoto, J.; & Egan, J.

"A defendant receives actual notice under ORS 30.275(6) when (1) a communication informs the defendant of the time, place, and circumstances of the incident that gave rise to the claim that the plaintiff ultimately asserts and (2) the communication would lead a reasonable person to conclude that the plaintiff intends to assert a claim."

Plaintiff was involved in a car accident with an employee of Defendant where the property claim was settled, and about one year later commenced this action for to collect damages for physical injuries. Defendant motioned the court for summary judgment based on insufficient notice. The trial court granted summary judgment for Defendant. The Court held that the trial court erred because actual notice was given by Plaintiff's assertion of a property damage claim within 180 days after the accident. Reversed and remanded.

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