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HAMILTON v. PAYNTER

03CV0551; A125029.

129 P.3d 203 (2006)

204 Or. App. 119

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

Court of Appeals of Oregon.

Decided February 1, 2006.

Attorney(s) appearing for the Case

Manuel C. Hernandez, Bandon, argued the cause for petitioner. With him on the opening brief was Hernandez & Associates, LLC. On the reply brief was David M. Hernandez.

Camille Tourje argued the cause for respondent George Paynter, dba Seahawk Seafood. On the brief was Kent W. Day.

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

Before EDMONDS, Presiding Judge, and LINDER and WOLLHEIM, Judges.

PER CURIAM.

Plaintiff appeals in this personal injury case after the trial court ruled under ORCP 21 that her claim was barred by the statute of limitations in ORS 12.110(1). On appeal, plaintiff argues that the statute was tolled by a $1,000 payment made by defendant Paynter during the period of limitations, invoking the provisions of ORS 12.155. In Minisce v. Thompson, 149 Or.App. 746

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