Shaughnessy v. Spray

*44RICHARDSON, J.

Plaintiff appeals the trial court’s dismissal of her action against two of the three defendants in this wrongful death case. She contends that the court erred in (1) dismissing her first amended complaint on the ground it was filed without leave of court or the adverse party’s consent, in violation of ORCP 23A;1 and (2) dismissing her second amended complaint as to the two defendants on the ground that it was not filed within the three year limitation period under the wrongful death statute.2 We reverse.

Plaintiff alleges that her son died on May 23,1977, as a result of an…