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HAMILTON v. PAYNTER

(CC 03CV0551; CA A125029; SC S53276).

149 P.3d 131 (2006)

342 Or. 48

Brenda HAMILTON, Petitioner on Review, v. George PAYNTER, dba Seahawk Seafood; Carvalho Fisheries, Inc.; and William Carvalho, Respondents on Review.

Supreme Court of Oregon, En Banc.

Decided December 7, 2006.

Attorney(s) appearing for the Case

David M. Hernandez, Hernandez & Associates, LLC, Bandon, argued the cause and filed the briefs for petitioner on review.

John L. Langslet, Martin, Bischoff, Templeton, Langslet & Hoffman, LLP, Portland, argued the cause for respondent on review George Paynter. With him on the brief was Camille Tourje.

Robert A. Ford, Kurtz, Ford & Johnson, LLP, Eugene, argued the cause and filed the brief for respondents on review Carvalho Fisheries, Inc., and William Carvalho.

W. Eugene Hallman, Hallman & Dretke, Pendleton, argued the cause and filed a brief on behalf of amicus curiae Oregon Trial Lawyers Association.

DE MUNIZ, C.J.

In this case, we consider whether a payment to an injured party tolled the statute of limitations. The trial court dismissed the action, because it concluded that the payment did not toll the statute. The Court of Appeals affirmed. Hamilton v. Paynter, 204 Or.App. 119, 129 P.3d 203 (2006). We hold that the payment did toll the statute of limitations, and we therefore reverse...

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