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Legal Opinion

Tyree v. Tyree

Court of Appeals of Oregon

Decided November 12, 1992No. 91-00811CV; CA A72096PublishedCited by 7 opinions

1Opinion of the CourtEdmonds, J.

In this wrongful death case, plaintiff appeals from a judgment of dismissal that was granted because plaintiffs notice of claim was held untimely under ORS 30.275(2)(a). We affirm.

Plaintiff brought this tort action on behalf of the deceased, who was killed in a motor vehicle accident on September 9, 1988. Plaintiff mailed a notice of claim to defendant on Friday, September 8,1989. Defendant received the notice on Monday, September 11,1989. Plaintiff filed her complaint on September 7, 1990.

ORS 30.275(2)(a) requires that notice of a claim against a public body for wrongful death shall be…

2Cases cited4 opinions

  1. Urban Renewal Agency v. LackeyOregon Supreme Court · 1976
  2. Brown v. Portland School District No. 1Oregon Supreme Court · 1981
  3. Bauder v. Farmers InsuranceOregon Supreme Court · 1986
  4. McDonald v. State ex rel. Children's Services DivisionCourt of Appeals of Oregon · 1985

3Cited by7 opinions

  1. Michael Sain Ryan White Lori J. Sain, Personally and as Next Friend for Crystal Sain v. City of Bend Buck Church Tom Pine Al CampbellCourt of Appeals for the Ninth Circuit · 2002
  2. Butterfield v. State of OregonCourt of Appeals of Oregon · 1999
  3. Orr v. City of EugeneCourt of Appeals of Oregon · 1997
  4. Cannon v. Oregon Department of JusticeCourt of Appeals of Oregon · 2014
  5. Butterfield v. State of OregonCourt of Appeals of Oregon · 1999

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