Repp v. Hahn

In this action for wrongful death, plaintiff appeals from a trial court order sustaining defendant Walker’s demurrer to plaintiff’s fourth amended complaint. The question is whether the action against Walker was filed "within three years after the occurrence of the injury causing the death of the decedent,” ORS 30.020(1). We hold that the action was so filed and reverse and remand for further proceedings.

We take the facts from the complaint. Plaintiff is the administrator of the estate of Beverly Repp. Defendants Walker and Hahn are physicians specializing in dermatology. In December 1967,…