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KOWALSKI v. HEREFORD L'OASIS

01-558; A117196.

79 P.3d 319 (2003)

190 Or. App. 236

Joseph A. KOWALSKI, Appellant, v. HEREFORD L'OASIS, a sole proprietorship; Larry Gerrels and Terry Gerrels, as owners; and Does I-V, Respondents, and Jim Lowe and Vicki Lowe, Defendants.

Court of Appeals of Oregon.

Decided October 22, 2003.

Attorney(s) appearing for the Case

Wally Ogdahl argued the cause for appellant. On the brief were Mitchell R. Barker and Litster Injury Lawyers, Boise.

Hans A. Mitchell, Baker City, argued the cause for respondents. With him on the brief was Quane Smith LLP, Boise.

Before LANDAU, Presiding Judge, and ARMSTRONG and BREWER, Judges.

BREWER, J.

Plaintiff appeals a summary judgment dismissing his claim on the ground that it is time barred. We reverse and remand.

On August 15, 1999, plaintiff was injured when he fell to the floor while eating at Hereford L'Oasis, a restaurant in Baker County. On August 15, 2001, plaintiff filed the original complaint in this negligence action for damages arising from that accident. The complaint named as defendants "Hereford L'Oasis, a sole proprietorship...

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