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BAKER v. CITY OF LAKESIDE

(CC 04CV0381; CA A128181; SC S53925).

164 P.3d 259 (2007)

343 Or. 70

Kathryn R. BAKER, Petitioner on Review, v. CITY OF LAKESIDE, Respondent on Review.

Supreme Court of Oregon.

Decided June 28, 2007.

Attorney(s) appearing for the Case

Robert K. Udziela, Beaverton, argued the cause and filed the briefs for petitioner on review.

Gerald L. Warren, Salem, argued the cause and filed the brief for respondent on review.

David B. Thompson, Assistant Attorney General, Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General, Salem, filed a brief on behalf of amicus curiae State of Oregon.

Before GILLETTE, Presiding Justice, and DURHAM, BALMER, KISTLER, WALTERS, and LINDER, Justices.

KISTLER, J.

Oregon has provided since statehood that a plaintiff will commence an action on the date that he or she files the complaint as long as the plaintiff also serves the summons on the defendant within 60 days. See ORS 12.020(2) (stating that rule); General Laws of Oregon, Civ. Code, ch. I, title II, § 15, p. 142-43 (Deady 1845-64) (same). The question that this case presents is whether, in amending the Oregon Tort Claims Act (OTCA) in 1981, the...

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