Leonard v. STATE, BY AND THROUGH HIGHWAY DEPT.

Plaintiff brought this tort action against defendant for property damage arising from an automobile accident. Defendant appeals, claiming that the trial court erred in: (1) denying its motion for summary judgment; and (2) allowing plaintiffs cross-motion for summary judgment. The sole issue on appeal is whether the trial court properly found that plaintiff complied with the notice provisions of the Tort Claims Act in ORS 30.275(1). Specifically, we must determine whether the statutory provisions were satisfied by the timely presentation to defendant of a third party’s tender of defense and…