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Lawson v. Coos County School District 1312/14/1988
COURT OF APPEALS OF OREGON
CA No. A45233
1988.OR.40207 ; 765 P.2d 829; 94 Or. App. 387
December 14, 1988
WALTER LAWSON, GUARDIAN AD LITEM FOR BRAD LAWSON, A MINOR, APPELLANT,
v.
COOS COUNTY SCHOOL DISTRICT #13, A POLITICAL SUBDIVISION, RESPONDENT
Appeal from Circuit Court, Coos County. Richard L. Barron, Judge. No. 87CV-0303.
Kathleen P. Eymann, North Bend, argued the cause and filed the brief for appellant.
Ridgway K. Foley, Jr., P.C., Portland, argued the cause for respondent. With him on the brief were Thomas V. Dulcich, and Schwabe, Williamson & Wyatt, Portland.
Richardson, Presiding Judge, and Newman and Deits, Judges.
Deits
Plaintiff's minor ward was injured on defendant school district's property on March 31, 1982. On February 22, 1985, plaintiff sought a declaratory judgment that the minor's claim was not time-barred by the two-year Statute of Limitations for tort claims against public bodies. ORS 30.275(8). The trial court dismissed the case on the basis that it did not present a justiciable controversy. We affirmed, noting that the limitations issue would become actual only if plaintiff were to file a lawsuit and defendant were to raise that defense. Lawson v. Coos Co. Sch. Dist. #13, 81 Or App 358, 724 P2d 943 (1986). Plaintiff then filed this negligence action. Defendant moved for summary judgment, contending that the action was barred by ORS 30.275(8). The trial court granted summary judgment, and plaintiff appeals. We affirm.
The two-year time limit for actions against public bodies is in ORS 30.275(8):
"Except as provided in ORS 12.120 and 12.135, but notwithstanding any other provision of ORS chapter 12 or other statute providing a limitation on the commencement of an action, an action arising from any act or omission of a public body or an officer, employe or agent of a public body within the scope of ORS 30.260 to 30.300 shall be commenced within two years after the alleged loss or injury."
Plaintiff argues that the ORS 30.275(8) limitation does not apply in this case, because plaintiff's ward was a minor and, under ORS 12.160, the Statute of Limitations is tolled for a minor. Although the statutory language is not entirely clear, we conclude that plaintiff's status as a minor did not toll the two-year time limit.
Plaintiff contends that the "notwithstanding" language of ORS 30.275(8) applies only to provisions in chapter 12 and other statutes that limit commencement of an action. Therefore, because ORS 12.160 extends the time for commencement of an action, it is not subject to the two-year time limit. We disagree. The statute states two exceptions to the two-year limitation: ORS 12.120 and ORS 12.135. Immediately following the exception language, the statute provides that the two-year limitation applies "notwithstanding any other provision of ORS chapter 12 or other statute providing a limitation on the commencement of an action." (Emphasis supplied.) Further, the statute sets out the "notwithstanding" provisions in the alternative: The time limit applies (1) notwithstanding any other provision of ORS chapter 12 and (2) notwithstanding any other statute provid
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