Pipkin v. Zimmer

Plaintiff appeals from a summary judgment for Zimmer (defendant). ORCP 47B. The sole issue is whether the Statute of Limitations was tolled by ORS 12.155(2).1 We consider the record in the light most favorable to plaintiff and reverse.

On January 13, 1986, plaintiff and defendant were involved in a car accident. On February 7, 1986, defendant’s insurer, Colonial Insurance Company (Colonial), made a $10,000 advance payment to plaintiff for property damage. Colonial did not notify her of the date on which the Statute of Limitations would bar an action for damages. On December 24, 1987, plaintiff…