Smith v. Oregon Health Science University Hospital & Clinic

Plaintiff, as guardian ad litem for child,1 appeals a judgment entered in favor of defendant Oregon Health Science University Hospital and Clinic. Plaintiff argues that the trial court erred when it granted defendant’s motion for summary judgment after concluding that plaintiff had failed to timely file her claim. We conclude that no objectively reasonable factfinder could conclude that plaintiffs action arose any later than August 30, 2007, and that plaintiff failed to commence her action within the two-year time limitation set forth in ORS 30.275(9); however, we further conclude that the…