Kearney v. Montgomery Ward & Co., Inc.

Plaintiff appeals the judgment of dismissal entered in favor of defendants in this product liability action. Defendants contend that the complaint showed on its face that the action was barred by the applicable statute of limitations, ORS 30.905(2). Plaintiff, a minor, contends that the statute is tolled during his minority by ORS 12.160. We agree and reverse.

This action arises from an incident which occurred on May 30, 1978, when plaintiff was injured while riding a bicycle manufactured by defendant Huffy Corporation and sold by defendant Montgomery Ward & Co., Inc. Plaintiff was 14 years…