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DOE 1 v. LAKE OSWEGO SCHOOL DIST.

(CC CV-0802-0740; CA A140979; SC S059589).

297 P.3d 1287 (2013)

353 Or. 321

Jack DOE 1, an individual proceeding under a fictitious name; Jack Doe 2, an individual proceeding under a fictitious name; Jack Doe 3, an individual proceeding under a fictitious name; Jack Doe 4, an individual proceeding under a fictitious name; Jack Doe 5, an individual proceeding under a fictitious name; Jack Doe 6, an individual proceeding under a fictitious name; and Jack Doe 7, an individual proceeding under a fictitious name, Plaintiffs-Appellants, Petitioners on Review, v. LAKE OSWEGO SCHOOL DISTRICT, an Oregon public school district, authorized and chartered by the laws of the State of Oregon, Defendant-Respondent, Respondent on Review, and Judd Johnson, an individual, Defendant-Respondent.

Supreme Court of Oregon.

Resubmitted January 7, 2013.

Decided March 7, 2013.

Attorney(s) appearing for the Case

Kelly Clark , O'Donnell Clark & Crew LLP, Portland, argued the cause for petitioners on review. Kathryn H. Clarke , Portland, filed the brief for petitioners on review. With her on the brief were Kelly Clark and Kristian Roggendorf .

Timothy R. Volpert , Davis Wright Tremaine LLP, Portland, argued the cause and filed the brief for respondent on review. With him on the brief was David A. Ernst .

Erin K. Olson , Portland, filed the brief for amici curiae Survivor's Network of those Abused by Priests, National Center for Victims of Crime, Cardozo Advocates for Kids, Oregon Abuse Advocates and Survivors in Service, Crime Victims United, KidSafe Foundation, Survivors for Justice, Coalition of Jewish Advocates for Children, Jewish Parents for Safe Yeshivas, National Black Church Initiative, Child Victims Voice, Stop the Silence: Stop Child Sexual Abuse, Inc., Jewish Board of Advocates for Children, and National Child Protection Training Center.

Lisa T. Hunt , Portland, filed the brief for amicus curiae Oregon Trial Lawyers Association.

Before BALMER, Chief Justice, and KISTLER, WALTERS, LINDER, BREWER, and BALDWIN, Justices.

WALTERS, J.

At issue in this civil action is a trial court's order dismissing as untimely plaintiffs' claims against a public school district. Plaintiffs alleged that when they were in the fifth grade, a teacher who worked for the district sexually abused them, but that they did not know that their teacher's touching was abusive when it occurred. For the reasons that follow, we conclude that the trial court erred in granting the school district's ORCP 21 motion to...

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