Haworth v. Ruckman

(Pro Tempore).

Plaintiff appeals from the trial court’s directed verdict based upon defendant’s motion and contention that this personal injury action is barred by the statute of limitations.

The injury occurred on June 6, 1962, and this action was commenced on January 12, 1966. The action would be barred by the two-year tort statute of limitations (ORS 12.110(1)) unless it is saved by ORS 12.220.

Plaintiff started his first action on October 16, 1963, and took a voluntary nonsuit before trial on January 12, 1965.

ORS 12.220 provides:

“* * * [I]f an action is commenced within the time prescribed…