Stephens v. Bohlman

Plaintiff, Geraldine Stephens, as personal representative of the estate of her daughter, Pamela Jennings, brought this wrongful death action against defendant North Lincoln Hospital. The trial court granted defendant’s motion for summary judgment on the ground that plaintiff had not given defendant a timely tort claim notice. ORS 30.275(2)(a). The Court of Appeals reversed, holding that there is a genuine issue of material fact as to when plaintiff knew or should have known of her claim. Stephens v. Bohl-man, 107 Or App 533, 813 P2d 43 (1991).

We allowed defendant’s petition for review to…