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TYREE v. TYREE

91-00811CV; CA A72096.

840 P.2d 1378 (1992)

116 Or. App. 317

Gloria Jean TYREE, personal representative of the Estate of Jerry Lee Finchum, deceased, Appellant, v. Bobby Wayne TYREE, Jr., Defendant, and County of Klamath, a political subdivision of the State of Oregon, Respondent.

Court of Appeals of Oregon.

Decided November 12, 1992.

Attorney(s) appearing for the Case

Edward J. Harri, Salem, argued the cause for appellant. With him on the briefs were Michael B. Dye and Brad G. Garber, Salem.

Reginald R. Davis, Klamath Falls, argued the cause and filed the brief for respondent.

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

EDMONDS, Judge.

In this wrongful death case, plaintiff appeals from a judgment of dismissal that was granted because plaintiff's notice of claim was held untimely under ORS 30.275(2)(a). We affirm.

Plaintiff brought this tort action on behalf of the deceased, who was killed in a motor vehicle accident on September 9, 1988. Plaintiff mailed a notice of claim to defendant on Friday, September 8, 1989. Defendant received the notice on Monday, September 11, 1989...

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