Weinberger v. Rall

In this action at law to recover damages for personal injuries suffered by plaintiff in an automobile collision, defendant pleaded the statute of limitations as an affirmative defense. After an evidentiary hearing on that defense, the court held that the action had not been commenced within the two-year period of limitations for that type of action (ORS 12.110 (1)) and dismissed the complaint. Plaintiff appeals.

The accident occurred on September 19, 1969, in Washington County, Oregon. At that time, and while in Oregon, defendant was a resident of Clackamas County, and was employed in…