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VAN WORMER v. CITY OF SALEM

87C-11334; CA A47630.

771 P.2d 653 (1989)

96 Or.App. 107

Dorothy VAN WORMER, Natural Mother and Personal Representative of the Estate of Brian D. Dixon, Appellant, v. CITY OF SALEM and Clement Spenner, Respondents.

Court of Appeals of Oregon.

Decided April 5, 1989.

Reconsideration Denied May 26, 1989.

Attorney(s) appearing for the Case

J. Michael Alexander, Salem, argued the cause for appellant. With him on the briefs were Burt, Swanson, Lathen, Alexander & McCann, Salem, and F. William Honsowetz, Lombard, Gardner, Honsowetz, Brewer & Schons, Eugene.

William G. Blair, Asst. City Atty., Salem, argued the cause for respondents. With him on the brief was William J. Juza, City Atty., Salem.

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

PER CURIAM.

In this wrongful death case, plaintiff appeals from a summary judgment for defendants that was granted on the ground that the action was not commenced within the two years provided in the Tort Claims Act. ORS 30.275(8). Plaintiff contends that that limitation creates two classes of tortfeasors, thereby discriminating against class members with wrongful death claims against public bodies, because the limitation for wrongful death claims against all other...

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