Warn v. Brooks-Scanlon, Inc.

OPINION AND DISMISSAL

KILKENNY, District Judge:

This matter is before the Court on the defendant’s motion for a summary *692judgment under Rule 56, F.R.Civ.P., on a theory that the plaintiff’s claim is barred by the statute of limitations. This is a diversity ease and the Oregon statute1 must control.

The injury occurred on April 1, 1963, and this action was not commenced until February 25, 1966. Manifestly, the action would be barred, unless plaintiff is protected by the provisions of ORS 12.220.2

To evade the bar of ORS 12.110(1), plaintiff shows that he commenced a previous action in the Circuit…