Balthrop v. Berryman

Plaintiffs filed a complaint for wrongful death against defendant Berryman, as personal representative, and three corporate defendants. The complaint did not allege that plaintiffs had presented a claim to the personal representative of the estate or that such a claim had been disallowed. Defendant filed a motion to dismiss for failure to state ultimate facts sufficient to constitute a claim. ORCP 21A(8). He argued that presenting a claim to the personal representative is a condition precedent to filing a civil action against the personal representative. ORS 115.325.1 The trial court granted…