Dotson v. Smith

This case involves two issues. The first issue is whether allegations made by plaintiff in a claim against one party defendant may be used to support an ORCP 21A(9) motion to dismiss plaintiffs separate claim against another party defendant. We hold that the allegations in one claim may not be used to defeat allegations in a separate claim.

The second issue is whether the applicable statute of limitations is tolled pursuant to ORS 12.155 when a tortfeasor’s insurance company, after making an advance payment to a claimant, fails to give the claimant the required notice of the expiration date of…