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SAFECO INS. CO., ETC. v. TUALATIN DEVELOPMENT

No. A7803-04313; CA 17407.

623 P.2d 1112 (1981)

50 Or.App. 521

SAFECO INSURANCE COMPANY OF AMERICA, a Washington Corporation, Appellant, v. TUALATIN DEVELOPMENT Co., Inc., an Oregon Corporation, Respondent, Mullins Drywall Co., an Oregon Corporation, Defendant.

Court of Appeals of Oregon.

Decided February 17, 1981.

Reconsideration Denied March 26, 1981.

Review Denied April 28, 1981.

Attorney(s) appearing for the Case

E. Daniel Seymour, Portland, argued the cause and filed the brief for appellant.

Rex E.H. Armstrong, Portland, argued the cause for respondent. With him on the brief were Glen McClendon and Lindsay, Hart, Neil & Weigler, Portland.

Before JOSEPH, P.J., and WARDEN and WARREN, JJ.

WARREN, Judge.

In this subrogation action, plaintiff appeals the trial court's order allowing a summary judgment on the ground its claim was barred by ORS 12.135,1 the two-year statute of limitations applicable to damage caused by alleged negligent construction of improvements on real property.

In 1974, defendants were contractors engaged in the construction of the King City Garden Villas condominiums. On September 15, 1974, a...

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