LAWSON v. COOS CTY. SCH. DIST. # 13

No. 87CV-0303; CA A45233.

765 P.2d 829 (1988)

94 Or.App. 387

Walter LAWSON, Guardian and Litem for Brad Lawson, a Minor, Appellant, v. COOS COUNTY SCHOOL DISTRICT # 13, a Political Subdivision, Respondent.

Court of Appeals of Oregon.

Decided December 14, 1988.


Attorney(s) appearing for the Case

Kathleen P. Eymann, North Bend, argued the cause and filed the brief for appellant.

Ridgway K. Foley, Jr., P.C., Portland, argued the cause for respondent. With him on the brief were Thomas V. Dulcich, and Schwabe, Williamson & Wyatt, Portland.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.


DEITS, Judge.

Plaintiff's minor ward was injured on defendant school district's property on March 31, 1982. On February 22, 1985, plaintiff sought a declaratory judgment that the minor's claim was not time-barred by the two-year Statute of Limitations for tort claims against public bodies. ORS 30.275(8). The trial court dismissed the case on the basis that it did not present a justiciable controversy. We affirmed, noting that the limitations issue would become actual...

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