Clark v. Gilstrap

The statute of limitations for a personal injury claim under ORS 12.110(1) is subject to the “discovery rule,” such that the statute of limitations does not begin until a plaintiff knows or reasonably should have known that they were injured and that the defendant caused the injury.

The plaintiff appealed a judgment that dismissed her negligence claim. She argued that the trial court mistakenly granted summary judgment to the defendant by ruling she did not file her complaint within the two-year time limit for injury claims. “The statute of limitations for a personal injury claim under ORS 12.110(1) is subject to the “discovery rule,” such that the statute of limitations does not begin until a plaintiff knows or reasonably should have known that they were injured and that the defendant caused the injury.” The Court found that the statute of limitations began on the day of the accident. The Court reasoned that the plaintiff recognized her injuries on that day when she sought emergency medical attention for back pain and a headache, expressing concern that the accident may have affected her pain management device. The Court held that the statute of limitations started on the day of the accident and affirmed the trial court's decision granting summary judgment to the defendant.