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AILES v. PORTLAND MEADOWS, INC.

A8704-02489; CA A60011.

799 P.2d 203 (1990)

104 Or.App. 115

Gerald E. AILES, Appellant, v. PORTLAND MEADOWS, INC., an Oregon Corporation, Respondent.

Court of Appeals of Oregon.

Reconsideration Denied December 5, 1990.

Decided October 17, 1990.

Attorney(s) appearing for the Case

George B. Altenberg, Jr., Santa Rosa, Cal., argued the cause for appellant. With him on the briefs were Mark E. Griffin and Griffin & McCandlish, Portland.

John R. Faust, Jr., Portland, argued the cause for respondent. With him on the brief was Schwabe, Williamson & Wyatt, Portland.

Before RIGGS, P.J., and EDMONDS and DeMUNIZ, JJ.

EDMONDS, Judge.

Plaintiff appeals from a judgment n.o.v. ORCP 63. The trial court ruled that plaintiff's action is barred by the Statute of Limitations. ORS 12.110(1).1 We reverse, because the trial court was without authority to enter the judgment.

Plaintiff, a professional jockey, was injured while racing a horse at defendant's race track. The complaint alleged that defendant was negligent and that, as a result, plaintiff...

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