Goodwin v. Kingsmen Plastering, Inc.

Plaintiffs brought this action against defendants for damages arising out of alleged defects in the construction of their home. The trial court granted defendants’ motion for summary judgment on the basis that, in the absence of a discovery rule, plaintiffs’ claims were barred by the six-year statute of limitations in ORS 12.080(3), which governs actions for “interference with or injury to any interest of another in real property[.]” Plaintiffs appeal the resulting judgment and argue that ORS 12.080(3) includes a discovery rule. Defendants disagree and, in the alternative, contend that…