- Court: Oregon Court of Appeals
- Area(s) of Law:
- Date Filed: 04-15-2020
- Case #: A167156
- Judge(s)/Court Below: Shorr, J., for the Court; Armstrong, P.J.; & Tookey, J.
- Full Text Opinion
Plaintiff appealed a ruling by the trial court that the claim was barred by the statute of ultimate repose. Plaintiff assigned error to the trial court decision to dismiss the claim. Plaintiff argued that ORS 30.275(9) supersedes a portion of ORS 12.117, but excludes the provision that excepted Plaintiff's claim from the statute of ultimate repose. DHS argued that ORS 30.275(9) supersedes all of ORS 12.117. "ORS 12.117 allows plaintiffs to bring claims based on child abuse that are potentially decades old, and the statute of ultimate repose in ORS 12.115 has no bearing on the timeliness of those claims;" and "the exception to the statute of ultimate repose is not a 'limitation on the commencement of an action' under ORS 30.275(9)." The Court held that the statute of ultimate repose does not apply to ORS 12.117 claims, and that ORS 30.275(9) does not supersede ORS 12.117, therefore the trial court erred in granting DHS's motion to dismiss. Reversed and remanded.