Legal Opinion

Knappenberger v. Davis-Stanton

Court of Appeals of Oregon

Decided May 13, 2015No. 091216881; A148999Published

1Opinion of the CourtArmstrong, J.

This appeal presents the interesting question whether ORS 12.150 — a statute that, among other things, tolls statutes of limitation that apply to claims against a defendant when the defendant moves out of the state after the claims have accrued — is unconstitutional as applied in the circumstances of this case. The trial court concluded that it was and, accordingly, granted defendant’s motion for judgment notwithstanding the verdict (JNOV) in favor of plaintiff because, in the absence of the tolling provision, plaintiffs claims were barred by the applicable statute of limitation. Plaintiff…

2Cases cited20 opinions

  1. Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
  2. Oregon Waste Systems, Inc. v. Department of Environmental Quality of Ore.Supreme Court of the United States · 1994
  3. Edwards v. CaliforniaSupreme Court of the United States · 1941
  4. Hoke & Economides v. United StatesSupreme Court of the United States · 1913
  5. Fulton Corp. v. FaulknerSupreme Court of the United States · 1996

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