Giulietti v. Oncology Associates of Oregon, P.C.

Plaintiff appeals after the trial court granted defendants’ ORCP 21 A motion and dismissed his medical malpractice action on the ground that it was not brought within the statute of limitations. Plaintiff contends that defendants’ failure to comply with UTCR 5.010(1), requiring a moving party to confer with the opposing party before filing a motion, should have resulted in the denial of defendants’ motion. Alternatively, he contends that the action was commenced within the statutory limitation period for this action under ORS 30.075. We reverse and remand.

Plaintiff James Giulietti is the…