Legal Opinion

Evans v. Salem Hospital

Court of Appeals of Oregon

Decided December 17, 1986No. 128778 CA A33327PublishedCited by 11 opinions

1Opinion of the Court

*25RICHARDSON, P. J.

Plaintiffs Barbara Evans and Roger Evans appeal from a judgment dismissing their claims for infliction of emotional distress. The court dismissed “on the ground that it appears on the face of the complaint that the action * * * was not commenced within the time provided by statute.” ORS 12.110(1). The issue is whether plaintiffs’ emotional distress claims, which were added by a second amended complaint more than two years after the alleged acts occurred, “relate back” to earlier complaints which were filed within the limitation period. ORCP 23C. We hold that they do not and…

2Cases cited5 opinions

  1. Welch v. Bancorp Management Advisors, Inc.Oregon Supreme Court · 1983
  2. Sizemore v. SwiftCourt of Appeals of Oregon · 1986
  3. Parker v. MayCourt of Appeals of Oregon · 1984
  4. Waybrant v. Clackamas CountyCourt of Appeals of Oregon · 1981
  5. Bradford v. Dean Distributing Co.Court of Appeals of Oregon · 1985

3Cited by11 opinions

  1. Loewen v. GalliganCourt of Appeals of Oregon · 1994
  2. Jeffries v. MillsCourt of Appeals of Oregon · 2000
  3. Horwell v. Oregon Episcopal SchoolCourt of Appeals of Oregon · 1990
  4. Caplener v. United States National BankCourt of Appeals of Oregon · 1992
  5. Walters v. HobbsCourt of Appeals of Oregon · 2001

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