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Meoli v. Brown6/1/2005
Argued and submitted January 24, 2005.
Before Landau, Presiding Judge, and Brewer, Chief Judge, and Armstrong, Judge.
Affirmed.
This is a negligence case brought by a debtor's trustee in bankruptcy . The trial court entered summary judgment dismissing the case on the ground that the action was time-barred. Plaintiff appeals, arguing that defendant's insurer had made "advance payments" to the debtor's medical providers that tolled the statute of limitations. Defendant argues that, under our case law, the payments that its insurer made were not the sort of payments that toll a statute of limitations. We agree with defendant and affirm.
The facts pertinent to the disposition of the appeal are not in dispute. In such cases, we review the trial court's entry of summary judgment to determine whether defendant was entitled to judgment as a matter of law. ORCP 47 C; Jones v. General Motors Corp., 325 Or 404, 407, 939 P2d 608 (1997); Archambault v. Ogier, 194 Or App 361, 363, 95 P3d 257 (2004).
Defendant operated a fitness and training facility, "Baker's Train 'N Station." The business was insured under a commercial liability policy issued by American States Insurance Company. Among other things, the policy provided a "medical expense limit (any one person)" of $5,000, payable for medical, surgical, ambulance, nursing, and related expenses incurred by third parties as a result of "'bodily injury ' caused by an accident" on defendant's premises. The policy further provided that the insurer "will make these payments regardless of fault."
In March 1990, the debtor was injured while exercising at defendant's facility. Pursuant to the insurance policy, defendant's insurer made payments to the debtor's medical providers for her medical expenses up to the policy limit of $5,000. The debtor was not aware that the insurer had paid those amounts.
In March 1992, the debtor brought a negligence action against "James R. Baker dba Baker's Train 'N Station." The trial court dismissed the action on the ground that it named the wrong party defendant.
In 1993, the debtor filed for bankruptcy protection in Michigan. Her petition listed the 1992 negligence action as an asset and assigned a zero value to it. Meanwhile, the debtor brought a malpractice action against the lawyers who had handled the 1992 negligence action. That matter was eventually settled. In the course of the settlement negotiations, the debtor became aware of the fact that defendant's insurer had made payments directly to her medical providers.
In 2000, plaintiff, the debtor's trustee, initiated this action for negligence against defendant. Defendant answered, alleging as an affirmative defense that the action had not been filed within two years as required by ORS 12.110(1). Defendant then filed a motion for summary judgment. Plaintiff invoked ORS 12.155 and argued that, because defendant's insurer had made payments to the debtor's medical providers, the statute of limitations had been tolled. Defendant responded that, as this court has previously held, the statute does not apply to payments that are required to be paid independently of fault. In any event, defendant argued, payment of the medical bills did not toll the statute because the debtor did not even know about the payments until after the statute had run. The trial court granted defendant's motion.
On appeal, plaintiff argues again that the two-year limitations period was tolled by the fact that defendant's insurer made what she characterizes as "advance payments." Plaintiff also argues that the insurer's failure to provide the notice required by the advance payment statute "lulled"
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