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BELL v. TRI-COUNTY METROPOLITAN TRANSP.

(CC 090913232; CA A145225; SC S060373).

301 P.3d 901 (2013)

353 Or. 535

General BELL, Personal Representative of the Estate of Thomas Bell, Deceased, Petitioner on Review, v. TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON, a municipal corporation, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided May 16, 2013.

Attorney(s) appearing for the Case

Willard E. Merkel , Merkel & Associates, Portland, argued the cause for petitioner on review.

Kimberly Sewell , Portland, argued the cause and filed the brief for respondent on review.

Kristian Roggendorf , O'Donnell Clark & Crew LLP, Portland, filed a brief on behalf of amicus curiae Oregon Trial Lawyers Association.

BREWER, J.

The question in this case is whether plaintiff's survival action against a public body must be brought within two years or three years of the alleged injury. Either of two statutes supplies the answer. On the one hand, ORS 30.275(9) provides that, "notwithstanding any other * * * statute providing a limitation on the commencement of an action," a tort action against a public body must be filed within two years after the alleged loss or injury.

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