Hamilton v. Paynter

Plaintiff appeals in this personal injury case after the trial court ruled under ORCP 21 that her claim was barred by the statute of limitations in ORS 12.110(1). On appeal, plaintiff argues that the statute was tolled by a $1,000 payment made by defendant Paynter during the period of limitations, invoking the provisions of ORS 12.155. In Minisce v. Thompson, 149 Or App 746, 945 P2d 582 (1997), we held that ORS 12.155 was applicable only when an advance payment is made by a third-party insurer, relying on Duncan v. Dubin, 276 Or 631, 556 P2d 105 (1976), Ben Rybke Co. v. Royal Globe Insurance…