Harris v. Craig

Plaintiff, who was imprisoned under a felony conviction, sued defendant for damages, alleging medical malpractice. The trial court dismissed the complaint as barred by the statute of limitations, over plaintiffs objection that ORS 12.160(3) extends the period during which an imprisoned person may commence an action for a period up to five years. The trial court held that this extension of time was implicitly repealed by 1975 legislation abolishing “civil death” and dismissed plaintiffs complaint. The Court of Appeals affirmed, 69 Or App 174, 684 P2d 30 (1984), and we allowed review. We…