Porter v. Veenhuisen

If an action is first filed within the statute of limitations and then “involuntarily dismissed without prejudice on any ground not adjudicating the merits of the action,” a new action based on the same claim or claims may be filed within 180 days of the trial court’s entry of the judgment of dismissal of the original action, notwithstanding that the statute of limitations has run during the interim. ORS 12.220.

Plaintiff appealed the judgment of dismissal without prejudice arguing the trial court abused its discretion when it denied Plaintiff’s request for postponement due to a flare up of PTSD which prevented him from being ready for trial. On appeal, Plaintiff argued the trial court abused its discretion because the only reason plaintiff was not ready for trial was a severe health situation beyond his control. Plaintiff further argued the trial court deprived the plaintiff of his day in court and forced him to forfeit his claim against the Defendant. If an action is first filed within the statute of limitations and then “involuntarily dismissed without prejudice on any ground not adjudicating the merits of the action,” a new action based on the same claim or claims may be filed within 180 days of the trial court’s entry of the judgment of dismissal of the original action, notwithstanding that the statute of limitations has run during the interim. ORS 12.220. The Court found that, in light of the dismissal without prejudice and the savings statute of ORS 12.220, the trial court did not abuse its discretion. Affirmed.