Ailes v. Portland Meadows, Inc.

The issue in this case is whether the Court of Appeals erred when it decided this case on an issue that was neither preserved in the trial court nor raised in appellant’s opening brief on appeal. We hold that it did err and, accordingly, reverse.

Plaintiff, a professional jockey, was injured while riding at defendant’s racetrack. His complaint alleged that his injuries were caused by defendant’s negligence.

Before trial, defendant moved to dismiss the complaint on the ground that the statute of limitations, ORS 12.110(1), barred the claim. The motion was denied.

At trial, defendant moved for a…