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WAYBRANT v. CLACKAMAS COUNTY

No. 78-3-338; CA 19027.

635 P.2d 1365 (1981)

Thomas WAYBRANT As Personal Representative of the Estate of Rosalie Lynn Waybrant, Deceased, Appellant, v. CLACKAMAS COUNTY, Respondent.

Court of Appeals of Oregon.

Decided November 16, 1981.

Attorney(s) appearing for the Case

Adelbert G. Clostermann, Portland, argued the cause and filed the brief for appellant.

I. Franklin Hunsaker, Portland, argued the cause for respondent. With him on the brief were Ronald E. Bailey, Donald E. Murray, and Bullivant, Wright, Leedy, Johnson, Pendergrass & Hoffman, Portland.

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

WARDEN, Judge.

This is an appeal by the plaintiff from a judgment for defendant after dismissal of plaintiff's action for damages for the death of plaintiff's decedent. The issue is whether the plaintiff's fourth amended complaint, which was filed after the statute of limitations had run, alleged a new cause of action against defendant and, therefore, did not relate back to the filing of the original complaint. We find that it did relate back and, therefore, reverse...

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