Duyck v. Tualatin Valley Irrigation District

I dissent. The original complaint in this case was filed on June 18, 1980, and for the purposes of this dissent it is assumed that a two year statute of limitations applies and that Oregon recognizes the tort of negligent misrepresentation under Restatement (Second) Torts, § 552.

The plaintiffs’ third amended complaint contains two causes of action and each cause contains two counts. This review concerns only the second count of each cause of action which alleges that the defendant acted in a negligent manner in one or more of the following particulars:

“(1) In representing to plaintiffs that…