Notice of claim
- time of notice
- time of action
Source:
Section 30.275 — Notice of claim; time of notice; time of action, https://www.oregonlegislature.gov/bills_laws/ors/ors030.html
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Notes of Decisions
It is not necessary that notice under this section be pleaded in the complaint. Baker v. State Bd. of Higher Educ., 20 Or App 277, 531 P2d 716 (1975), Sup Ct review denied
Where attorney for state agency files action against person having claim under Oregon Tort Claims Act against agency, serving attorney with counterclaim containing required allegations is sufficient to meet notice requirement. Urban Renewal Agency v. Lackey, 275 Or 35, 549 P2d 657 (1976)
Minor’s filing of notice was timely under 90-day extension of this section, notwithstanding she did not allege causal connection between delayed filing and minority status. Pickett v. Washington County, 31 Or App 1263, 572 P2d 1070 (1977)
Action against public body for wrongful death must be commenced pursuant to this section and not ORS 30.020. Housen v. Morse Brothers, 32 Or App 491, 574 P2d 361 (1978), Sup Ct review denied
Complaint describing security interest brought 78 days following judicial sale was sufficient notice, and separate allegation of timely notice was unnecessary, as complaint filed within 180 days on its face satisfies notice requirement. Yunker v. Mathews, 32 Or App 551, 574 P2d 696 (1978), Sup Ct review denied
Third party complaint in Tort Claims Act action alleging only that third-party defendant was sole and proximate cause of plaintiff’s damages and not alleging any relationship between third party plaintiff and third party defendant or their relative duties, faults or liabilities was insufficient. Page v. Cameron, 33 Or App 441, 576 P2d 837 (1978), Sup Ct review denied
Limitation period of this section barred damage action for death of dormitory resident where action was based on warranty of habitability theory which incorporated general standard of care. Villalobos v. Univ. of Oregon, 47 Or App 103, 614 P2d 107 (1980), Sup Ct review denied
Where plaintiff-landowner brought proceeding against county for herbicide spraying which destroyed plaintiff’s potato crop, statute of limitations in this section did not begin to run until plaintiff discovered that young potato plants were deformed. Dowers Farms v. Lake County, 288 Or 669, 607 P2d 1361 (1980)
Where Oregon State Police towed plaintiff’s car but denied responsibility for towing, 180-day notice period began to run when plaintiff discovered, upon return of vehicle, that Oregon State Police were in fact responsible for injury. Adams v. Oregon State Police, 289 Or 233, 611 P2d 1153 (1980)
Where notice of claim presented on December 22, 1977 alleged that plaintiff’s injury or loss resulting from county’s failure to maintain its roads occurred from “time to time” beginning in 1974 and thereafter and action was brought in January of 1978, continuing tort was alleged and both notice and commencement of action were timely. Holdner v. Columbia County, 51 Or App 605, 627 P2d 4 (1981)
Notice of claim alleging that damage to plaintiff’s property arose from negligent maintenance of county’s roads, was sufficient to advise county of its negligent maintenance of adjacent ditches. Holdner v. Columbia County, 51 Or App 605, 627 P2d 4 (1981)
Under former version of this section, presentation by third party defendant of its notice of claim against state agency for contribution and indemnity could not be used by plaintiff to satisfy notice of claim requirements. Leonard v. State Highway Dept., 52 Or App 923, 630 P2d 85 (1981), Sup Ct review denied
Presentation of notice of claim to county’s insurance adjuster did not comply with requirements of this section. Riddle v. Cain, 54 Or App 474, 635 P2d 392 (1981), Sup Ct review denied
Private, nonprofit corporation in business of providing hospital services which employed medical residents through contractual arrangement with University of Oregon Health Sciences Center did not thereby become “instrumentality” of the state entitled to tort claim notice under this section. Themins v. Emanuel Lutheran Charity Bd., 54 Or App 901, 637 P2d 155 (1981), Sup Ct review denied
Time extension for commencement for actions provided by ORS 12.160 applies to actions against public bodies. Bradford v. Davis, 290 Or 855, 626 P2d 1376 (1981)
Under former version of this section, notice of claim provisions did not apply to public employes sued in their individual capacity. Bradford v. Davis, 290 Or 855, 626 P2d 1376 (1981)
Where plaintiff brought suit against state employees as private individuals but did not join state as defendant, plaintiff was not required to present notice of claim to state. Smith v. Pernoll, 291 Or 67, 628 P2d 729 (1981); Krieger v. Just, 319 Or 328, 876 P2d 754 (1994)
Where notice of claim required by this section was actually received by statutorily designated official within proper time period, notice was valid even though sent by first class mail. Brown v. Portland School Dist. No. 1, 291 Or 77, 628 P2d 1183 (1981)
Action for deprivation of civil rights alleging harassment by local government entities was controlled by two-year statute of limitations of Tort Claims Act. Kosikowski v. Bourne, 659 F2d 105 (1981)
Where notice of claim required by this section was actually received by the proper official, notice was valid even though the letter used technically improper form of address. Webb v. Highway Division, 293 Or 645, 652 P2d 783 (1982)
Letter informing defendant that investigation was underway and requesting medical reports setting forth physician’s findings, diagnosis, prognosis and causation of plaintiff’s resulting condition failed to identify any claim or intent to make claim by plaintiff against defendant and therefore failed to fulfill notice requirements of this section. Robinson v. Shipley, 64 Or App 794, 669 P2d 1169 (1983), Sup Ct review denied
Under version of this statute in effect at time plaintiff’s cause of action arose in January, 1979, and procedural rules then in effect but since repealed, plaintiff’s notice of intent to file claim under this section was deemed to be made on day deposited in post office and complied with 180-day time limitation. Shervey v. Clackamas County, 66 Or App 886, 675 P2d 1124 (1984)
Requirement that claimant “shall cause [notice] to be presented to public body within 180 days” requires that public body receive notice within 180 days. McDonald v. CSD, 71 Or App 751, 694 P2d 569 (1984), Sup Ct review denied
This section does not violate equal protection by differentiating between governmental and private parties in statute of limitations. Nored v. Blehm, 743 F2d 1386 (1984)
Contribution claim notice by defendant pursuant to [former] ORS 18.440 is insufficient to make state liable in tort to claimant. Beaver v. Pelett, 299 Or 664, 705 P2d 1149 (1985); Mitchell v. Sherwood, 161 Or App 376, 985 P2d 870 (1999), Sup Ct review denied
Plaintiffs did not waive right to replead and allege diligence in trying to discover cause of injury where trial court judgment was based solely on ground that notice of claim had not been timely rather than that plaintiffs had failed to plead diligence. Siegfried v. Pete Wilson Realty, 79 Or App 670, 720 P2d 392 (1986)
Dismissal of civil rights action for wrongful arrest was proper where both general tort statute and Oregon Tort Claims Act statute provide for two-year limitations period, though limitation of general tort statute should have been applied. Davis v. Harvey, 789 F2d 1332 (1986)
Where minor child, allegedly injured by negligence of public body, had not yet filed negligence claim but sought declaratory relief to determine whether potential tort claim was time-barred or whether minor’s disability pursuant to ORS 12.160 suspended Statute of Limitations, complaint seeking declaratory relief did not present justiciable controversy. Lawson v. Coos Co. Sch. Dist. No. 13, 81 Or App 358, 724 P2d 943 (1986)
Filing of claim in Tax Court is not “commencement of an action on the claim” within meaning of this section. Sanok v. Grimes, 88 Or App 536, 746 P2d 725 (1987), aff’d on other grounds, 306 Or 259, 760 P2d 228 (1988)
Accrual, under this section, of action on negligence theory for damage to plaintiffs’ crops caused by failure of timely water delivery by defendant irrigation district occurred with knowledge by plaintiffs of facts giving rise to claim and did not await awareness by plaintiffs of negligence on part of defendant. Duyck v. Tualatin Valley Irrigation Dist., 304 Or 151, 742 P2d 1176 (1987)
Plaintiff’s status as minor did not, by operation of ORS 12.160, toll two-year time limit for commencing action. Lawson v. Coos Co. Sch. Dist. #13, 94 Or App 387, 765 P2d 829 (1988)
“Advance payment” would not, by operation of ORS 12.155, toll two-year time limit for commencing action. Lawson v. Coos Co. Sch. Dist. #13, 94 Or App 387, 765 P2d 829 (1988)
Notice requirements of Oregon Torts Claims Act do not apply to claims based on federal claim. Sanok v. Grimes, 306 Or 259, 760 P2d 228 (1988)
Statutory objective of this section is to limit liability of public bodies and their officers, employees and agents. Giese v. Bay Area Health District, 101 Or App 410, 790 P2d 1198 (1990), Sup Ct review denied
Under former ORS 133.739 injury occurs when communication is intercepted and two-year period runs from that date. Gill v. City of Eugene, 103 Or App 381, 797 P2d 399 (1990), Sup Ct review denied
Limitation of actions for professional malpractice under ORS 12.110 did not bar action. O’Brien v. State of Oregon, 104 Or App 1, 799 P2d 171 (1990)
Where differential treatment is inherent in any statutory scheme which continues partial sovereign immunity and Oregon Constitution permits sovereign immunity, challenged statutory scheme which extends three-year statute of limitations to most wrongful death actions but only provides two-year statute of limitations when wrongful death was government-inflicted does not violate Article I, Section 20 of the Oregon Constitution. Van Wormer v. City of Salem, 309 Or 404, 788 P2d 443 (1990)
Where there was genuine issue of material fact as to when plaintiff discovered injury that resulted in daughter’s death, summary judgment on ground that plaintiff had failed to give timely notice of tort claim was improper because one-year notice period begins to run from date of discovery of injury rather than from date of death. Stephens v. Bohlman, 107 Or App 533, 813 P2d 43 (1991), aff’d 314 Or 344, 838 P2d 600 (1992)
Letter from plaintiff’s counsel to Superintendent of State Police describing situation as gender based discrimination describes both personnel matter and tort and provides actual notice. McCabe v. State of Oregon, 108 Or App 672, 816 P2d 1192 (1991), aff’d on other grounds, 314 Or 605, 841 P2d 635 (1992)
Whether Superintendent of State Police has required authority to respond to notice as tort claim is question of fact. McCabe v. State of Oregon, 108 Or App 672, 816 P2d 1192 (1991), aff’d on other grounds, 314 Or 605, 841 P2d 635 (1992)
Statute of limitations began running when plaintiff learned of injury, cause of injury and identity of tortfeasor, although plaintiff did not understand full extent of injury and believed second surgery could cure condition. Raethke v. Oregon Health Sciences University, 115 Or App 195, 837 P2d 977 (1992), Sup Ct review denied
Notice of claim against public body must actually be received within stated period to be timely. Tyree v. Tyree, 116 Or App 317, 840 P2d 1378 (1992), Sup Ct review denied
Where Oregon State Police superintendent investigates claims involving agency, superintendent qualifies as person “responsible for administering claims” and Actual Notice of Claim received by superintendent satisfies notice requirements of Tort Claims Act. McCabe v. State of Oregon, 314 Or 605, 841 P2d 635 (1992)
Notice period for claim by minor child against public body is not tolled pending appointment of guardian ad litem. Perez v. Bay Area Hospital, 315 Or 474, 846 P2d 405 (1993); Cooksey v. Portland Public School District No. 1, 143 Or App 527, 923 P2d 1328 (1996), Sup Ct review denied
Notice period commenced when plaintiff was able to deduce false report must have been made by individual connected with defendant hospital since on that date plaintiff had all facts necessary to commence action against hospital. Perez v. Bay Area Hospital, 315 Or 474, 846 P2d 405 (1993)
Where action is filed under federal Emergency Medical Treatment and Active Labor Act, state’s one-year notice requirement is not preempted. Draper v. Chiapuzio, 9 F3d 1391 (9th Cir. 1993)
“Injury” occurs at time legally protected interest is invaded. Cooksey v. Portland Public School District No. 1, 143 Or App 527, 923 P2d 1328 (1996), Sup Ct review denied
Actual notice to member of staff of attorney representing public body is not actual notice to attorney. Orr v. City of Eugene, 151 Or App 541, 950 P2d 397 (1997)
Two-year statute of limitations does not apply to action based on public employer conduct prohibited by whistleblower law ([former] ORS 659.510). Draper v. Astoria School District No. 1C, 995 F. Supp. 1122 (D. Or. 1998)
Giving of tort claim notice does not necessarily mean that claim has accrued for purposes of commencing statute of limitations period. Uruo v. Clackamas County, 166 Or App 133, 997 P2d 269 (2000)
Notice communicating time, place and circumstances giving rise to claim does not need to specify nature or theory of claim. Flug v. University of Oregon, 335 Or 540, 73 P3d 917 (2003)
ORS 12.020, providing that action commences upon filing if summons is served within 60 days following, applies to claims under Oregon Tort Claims Act. Baker v. City of Lakeside, 343 Or 70, 164 P3d 259 (2007)
For purposes of discovery rule, circumstances presenting mere possibility that inquiry would uncover tortious conduct of third party do not create duty to inquire. Johnson v. Multnomah County Department of Community Justice, 344 Or 111, 178 P3d 210 (2008)
Notice period for claim by minor child against public body is tolled for as long as minor is under 18 years of age. Funez v. Guzman, 687 F. Supp. 2d 1214 (D. Or. 2009)
Notice of claim by minor must be given within 270 days of discovery of alleged injuries, and ORS 12.160 does not toll this notice period. Catt v. Dept. of Human Services, 251 Or App 488, 284 P3d 532 (2012)
For purpose of determining whether notice is satisfied, “[p]ayment of all or any part of the claim” includes payment of all or part of specific claim or claims ultimately asserted against public body. Hughes v. City of Portland, 255 Or App 271, 296 P3d 642 (2013)
To determine limitation on commencement of action for battery, “injury” occurs when plaintiff knows or should have known of existence of three elements: (1) harm; (2) causation; and (3) tortious conduct. Doe v. Lake Oswego School District, 353 Or 321, 297 P3d 1287 (2013)
Plaintiff, who filed complaint but did not serve summons on defendants within 180 days of alleged injury, but served summons within 60 days after filing, commenced action on date of filing. Cannon v. Dept. of Justice, 261 Or App 680, 322 P3d 601 (2014), Sup Ct review denied
“Notwithstanding” provision of this section does not bar application of ORS 12.160 (2005) to plaintiff’s claim under Oregon Tort Claims Act even where claim is against public body. Smith v. OHSU Hospital and Clinic, 272 Or App 473, 356 P3d 142 (2015)
For purpose of tolling statute of limitations under ORS 12.155, “payment,” as used in subsection (3) of this section, includes provision of discounted fee or free medical services. Humphrey v. OHSU, 286 Or App 344, 398 P3d 360 (2017)
Plaintiff’s claims against Department of Human Services for failure to protect plaintiff against abuse while in foster care may proceed despite defendant’s claim that statute of ultimate repose, ORS 12.115, and two-year statute of limitations, ORS 30.265, barred plaintiff’s claims; because ORS 12.117, which specifies different limitation period for claims related to child abuse, is exception to statute of ultimate repose, and because this section does not nullify ORS 12.117, ORS 30.265 does not provide immunity from liability for child abuse claims. Sherman v. Dept. of Human Services, 368 Or 403, 492 P3d 31 (2021)