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KEARNEY v. MONTGOMERY WARD & CO., INC.

No. 16-80-06635; CA A20059.

639 P.2d 682 (1982)

55 Or.App. 641

Donald Lewis KEARNEY, Jr., a Protected Person, by His Conservator, Trudy L. Kearney, Appellant, v. MONTGOMERY WARD & CO., INC., a Foreign Corporation, and Huffy Corporation, a Foreign Corporation, Respondents.

Court of Appeals of Oregon.

Decided January 25, 1982.

Attorney(s) appearing for the Case

David A. Vinson, Eugene, argued the cause and filed the briefs for appellant.

Ausey H. Robnett, III, Eugene, argued the cause for respondents. With him on the brief were Richard W. Butler and Thwing, Atherly & Butler, Eugene.

Before GILLETTE, P.J., and ROBERTS and YOUNG, JJ.

ROBERTS, Judge.

Plaintiff appeals the judgment of dismissal entered in favor of defendants in this product liability action. Defendants contend that the complaint showed on its face that the action was barred by the applicable statute of limitations, ORS 30.905(2). Plaintiff, a minor, contends that the statute is tolled during his minority by ORS 12.160. We agree and reverse.

This action arises from an incident which occurred on May 30, 1978, when plaintiff...

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