Ailes v. Portland Meadows, Inc.

The majority decides this case on an issue not properly preserved in the court below or properly raised in this court. I, therefore, dissent.

Before trial, defendant moved to dismiss the complaint contending that the action had not been commenced within the two year Statute of Limitations. That motion was denied. At trial, defendant moved for a directed verdict at the end of plaintiffs case and again at the end of all the evidence. Both motions were denied. Defendant did not raise the Statute of Limitations in either motion. After trial, defendant moved for judgment n.o.v. on the grounds…