 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Laird v. Stroot6/12/2003
the claims about defendants' statements that plaintiff made in his arguments are not evidence. Plaintiff's own affidavit shows that he knew in May 1994 that he had suffered a legally cognizable harm resulting from defendants' treatment of him. That knowledge was sufficient to satisfy the "tortious conduct" element of an "injury" under ORS 12.110(4). It does not matter whether a plaintiff knows or should know that a defendant's conduct was intentional rather than negligent, so long as the plaintiff knows that the conduct was tortious. Gaston, 318 Or at 255 n 8, quoted in Greene, 335 Or at 124. Consequently, there is nothing in the evidentiary record of this case that makes it different from the ordinary case in which there is a distinct injury. Plaintiff's cause of action accrued before his arrest and, as a result, his filing of this case was untimely under ORS 12.110(4). The trial court, therefore, correctly granted summary judgment to defendants.
Affirmed.
Page 1 2 3 4 5 Oregon Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|