O'BRIEN v. State

For the sake of stare decisis, the majority follows the holding in Lawson v. Coos Co. Sch. Dist. #13, 94 Or App 387, 765 P2d 829 (1988), and, contrary to any conceivable legislative intent, creates a situation where only public bodies that are subject to the. Oregon Tort Claims Act are not protected against stale claims by a statute of ultimate repose.

ORS 12.110(4) provides:

“An action to recover damages for injuries to the person arising from any medical, surgical or dental treatment, omission or operation shall be commenced within two years from the date when the injury is first discovered…