Johnson v. Kentner

Plaintiff brought this action for damages for personal injuries approximately three years after he was involved in a snowmobile accident. The trial court granted defendants’ motion for summary judgment on the basis that the Statute of Limitations bars plaintiffs claim. The issues on appeal concern the notice provisions of ORS 12.155, estoppel as a bar to defendants’ reliance on the Statute of Limitations and defendants’ entitlement to a separate trial on that defense. We affirm.

As the parties seeking summary judgment, defendants have the burden of proving that there is no material issue of…