Adams v. Oregon State Police

Two issues are presented in this action under ORS 30.260 to 30.300 (Tort Claims Act) for damages resulting from negligence of the Oregon State Police (herein "OSP”). The first issue is whether the 180 day notice period prescribed by ORS 30.275(1) commences from the date of the incident precipitating plaintiff’s injury or from the date plaintiff discovers the identity of the tortfeasor. We hold it commences on the date of discovery. The second issue is whether the allegation that "demand was made upon the Oregon State Police * * * for damages incurred” is sufficient to plead that notice was…