Bell v. Tri-County Metropolitan Transportation District

I am unable to join in the majority’s opinion, because the majority has adopted an unreasonable construction of ORS 30.075(1) and ORS 30.275(9). Moreover, the majority opinion is inconsistent with our recent holding in Baker v. *549City of Lakeside, 343 Or 70, 164 P3d 259 (2007). In my view, plaintiffs personal representative timely filed this injury action under ORS 30.075(1), and the action was not subject to the time limitation established by ORS 30.275(9).

A. The text, context, and legislative history disclose that ORS 30.075(1) is not subject to the time provisions of ORS 30.275(9).

Plaintiff,…