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WORTHINGTON v. ESTATE OF DAVIS

160926880; A147059.

282 P.3d 895 (2012)

250 Or. App. 755

Peggy S. WORTHINGTON, Plaintiff-Appellant, v. ESTATE OF Milton E. DAVIS, Deceased; and Thomas A. Huntsberger, Personal Representative of the Estate of Milton E. Davis, Defendants-Respondents.

Court of Appeals of Oregon.

Decided June 27, 2012.

Attorney(s) appearing for the Case

Edward J. Harri , Salem, argued the cause for appellant. With him on the briefs were John C. DeWenter , and John C. DeWenter, P.C.

Thomas M. Christ , Portland, argued the cause for respondents. With him on the brief was Cosgrave Vergeer Kester LLP.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and HADLOCK, Judge.

HADLOCK, J.

This case relates to an automobile accident between plaintiff and Milton Davis, who died more than a year before plaintiff filed suit. Plaintiff's original complaint, filed one day before the two-year limitations period ran, named Davis as defendant. Plaintiff's amended complaint, filed several weeks later, named the personal representative of Davis's estate and the estate itself as defendants. The trial court granted defendants' motion to dismiss plaintiff...

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