WEINBERGER v. RALL


510 P.2d 549 (1973)

Virginia Ruth WEINBERGER, Appellant, v. Charles W. RALL, Respondent, General Telephone Company of the Northwest, Inc., a Corporation, Defendant.

Supreme Court of Oregon, In Banc.

Decided June 1, 1973.


Attorney(s) appearing for the Case

Robert P. Bell, Beaverton, argued the cause for appellant. With him on the brief were Myatt, Bolliger & Hampton, P.C., Beaverton.

David G. Frost, Hillsboro, argued the cause and filed a brief for respondent.


BRYSON, Justice.

In this action at law to recover damages for personal injuries suffered by plaintiff in an automobile collision, defendant pleaded the statute of limitations as an affirmative defense. After an evidentiary hearing on that defense, the court held that the action had not been commenced within the two-year period of limitations for that type of action (ORS 12.110(1)) and dismissed the complaint. Plaintiff appeals.

The accident occurred on September...

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