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CANNON v. OREGON DEPT. OF JUSTICE

Nos. 10C12260; A148062.

322 P.3d 601 (2014)

261 Or. App. 680

Philip Scott CANNON, Plaintiff-Appellant, v. OREGON DEPARTMENT OF JUSTICE, Oregon State Police, Oregon State University, Oregon Public Defense Services, and Robin A. Jones, Defendants-Respondents.

Court of Appeals of Oregon.

Decided March 26, 2014.

Attorney(s) appearing for the Case

Kevin T. Lafky argued the cause for appellant. With him on the briefs was Lafky & Lafky.

Karla H. Ferrall , Assistant Attorney General, argued the cause for respondents Oregon Department of Justice, Oregon State Police, Oregon Public Defense Services, and Robin A. Jones. With her on the brief were John R. Kroger , Attorney General, and Anna M. Joyce , Solicitor General.

Bruce L. Campbell argued the cause for respondent Oregon State University. With him on the brief were Kathryn L. Kammer and Miller Nash LLP.

Before WOLLHEIM, Presiding Judge, and ARMSTRONG, Judge, and BREWER, Judge pro tempore.

WOLLHEIM, P. J.

Under the Oregon Tort Claims Act (OTCA), a plaintiff cannot maintain a tort action against a public body, its officers, its employees, or its agents unless sufficient "notice of claim" is given "within 180 days after the alleged loss or injury." ORS 30.275(2)(b). The notice requirement is satisfied by, among other things, "[c]ommencement of an action on the claim" within that 180-day period. ORS 30.275(3)(c). The question in this case is what constitutes...

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