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Giulietti v. Oncology Associates of Oregon12/5/2001
uthority in ORS 12.190 applies to all actions. The second sentence of ORS 30.075 provides for two periods of limitation for actions.
The first phrase provides that, if the injured person has initiated the action before death, the time limitation in ORS chapter 12 governs. The second phrase, "or within three years by the personal representatives if not commenced prior to death," does not refer to ORS chapter 12. That phrase provides a "different limitation" from those found in ORS chapter 12. When ORS 30.075 is read in the context of ORS 12.010 and ORS 12.190, it becomes clear that the legislature intended that the limitation period in ORS 30.075 apply to all personal injury actions where the decedent dies before the action is brought and that ORS 12.190 applies to all other actions where the decedent dies before the action is brought. Because plaintiff's action is a personal injury claim brought under ORS 30.075 by the personal representative after Joyce's death, and that statute provides for a different limitation from those found in ORS chapter 12, plaintiff had a period of three years to bring his action. Consequently, the trial court erred when it ruled that the action was untimely.
Reversed and remanded.
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