Ailes v. Portland Meadows, Inc.

This appeal is before v. on remand from the Supreme Court. 312 Or 376, 823 P2d 956 (1991). Plaintiff, a professional jockey, brought this negligence action after he was injured while riding at defendant’s racetrack. The jury returned a verdict in his favor but, before judgment was entered, defendant filed a motion for judgment n.o.v., arguing that the action was barred by the Statute of Limitations. ORS 12.110(1). Defendant’s motion to dismiss on that ground had been denied before trial. Defendant had pled the Statute of Limitations as an affirmative defense but did not raise the defense as a…