Sohn v. Thi

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Civil Procedure
  • Date Filed: 04-16-2014
  • Case #: A151043
  • Judge(s)/Court Below: DeVore, J. for the Court; Ortega, P.J.; & Duncan, J.

Under ORCP 54 A, dismissal of a case is to be with prejudice where the plaintiff’s dismissed action and prior action was (1) against the same defendant and (2) for the same claim.

Jinny Sohn appealed the dismissal of her case with prejudice. She originally filed an action for personal injury, specifically alleging negligence in applying hair treatment, against Cua Nguyen, which was dismissed. Sohn then filed an action for the same personal injury against the salon operator, Lam Thanh Thuy Thi (Thi), who allegedly caused her injury. Prior to Thi's motion for summary judgment, Sohn filed a notice for voluntary dismissal and stated her intent to refile the action under the “savings statue." The trial court granted the motion of dismissal, and granted Thi's motion for summary judgment, dismissing the case with prejudice because the claim had been previously filed. The Court held that ORCP 54 A(1) entitles a plaintiff to a dismissal with prejudice if the plaintiff filed a notice of voluntary dismissal for an action against the same party and an action for the same claim. The Court reasoned that the customer’s notice of dismissal was for the same claim of personal injury. However, the notice was not against the same party because the original claim was against the owner but the current claim was against the operator. The trial court’s decision to grant Thi's motion for summary judgment and dismiss with prejudice is thereby reversed. Reversed and remanded.

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