Kelly v. Lessner

Plaintiff appeals a judgment dismissing her amended complaint for failure to commence her action against defendant within the statute of limitations. ORCP 21 A(9). Our review of an order granting an ORCP 21 A(9) motion to dismiss is limited to the face of the pleadings. In conducting that review, we assume the truth of all allegations in the complaint and give the plaintiff, as the non-moving party, the benefit of all favorable inferences that could be drawn from those allegations. Dauven v. St. Vincent Hospital, 130 Or App 584, 586, 883 P2d 241 (1994). We reverse.

Plaintiff initiated this…