Robbins v. Dept. of Human Services

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Tort Law
  • Date Filed: 01-21-2016
  • Case #: A152965
  • Judge(s)/Court Below: Ortega, P.J. for the Court; DeVore, J.; & Garrett, J.

ORS 12.160(1), as amended by the 2015 legislature, applies to permit the statute of limitations to toll for a minor's claims under the Oregon Tort Claims Act.

Plaintiff, a minor, appealed a judgment from the trial court finding his claim under the Oregon Tort Claims Act (OTCA) against Defendant ("DHS") was time-barred. During the pendancy of the appeal, the legislature amended the minority claim tolling provision under ORS 12.160(1) to retroactively apply to the OTCA. DHS placed Plaintiff with a foster parent who sexually abused her, and later Plaintiff filed a personal injury claim against DHS. The State conceded that the legislative changes to ORS 12.160(1) do not eliminate a minor's ability to extend the statute of limitations in OTCA claims. Accordingly, the Court reversed and remanded.

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