Cannon v. Polk County District Attorney

The majority’s disposition is correct, except with respect to its ruling regarding Appellants’ notice to various city and county public entity defendants. Under the Oregon Tort Claims Act (OTCA), Or.Rev. Stat. § 30.275(2)(b), notice must be given to public bodies within a statutorily required notice period of 180 days. Because Appellants did not provide notice to the public entity defendants within the 180-day notice period, I must dissent from this portion of the disposition.

The majority acknowledges that the OTCA requires that notice be provided no later than 180 days after the alleged loss…