Dotson v. Smith

Plaintiff appeals an ORCP 67B judgment granting defendant Krough’s motion to dismiss on the ground that the statute of limitations had expired. At issue is whether the limitations period for personal injury is tolled by ORS 12.155. We affirm.

Plaintiff hired defendant Smith, an attorney, to represent her in a negligence action against Krough. The claim arose from an automobile collision on August 19, 1981. The action against Krough was filed on August 17,1983, within the two-year period prescribed by ORS 12.110(1).1 The trial court granted plaintiff a continuance on the conditions that…