Pricewaterhousecoopers, LLP v. Schwabe Williamson & Wyatt P.C.

“In no event shall any action for negligent injury to person or property of another be commenced more than 10 years from the date of the act or omission complained of”. ORS 12.115(1).

Plaintiffs appealed judgement dismissing their negligence claim. Plaintiffs’ assigned error to the trial court, arguing that because of the parties ongoing relationship the statute of repose period under ORS 12.115 did not bar their claim. Defendant’s respond that there is no ‘continuous relationship’ exception to ORS 12.115. “In no event shall any action for negligent injury to person or property of another be commenced more than 10 years from the date of the act or omission complained of”. ORS 12.115(1). The Court reasoned that because the statute makes no mention of an exception for ongoing relationships, the 10-year period is absolute. The Court further reasoned that the legislative history of ORS 12.115 indicates that the time period was meant as an overall limit regardless of circumstances. Therefore, the trial court did not err in dismissing Plaintiffs’ claim. Affirmed.