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MANN v. DEPT. OF TRANSPORTATION

89-2161; CA A67598.

836 P.2d 1353 (1992)

114 Or. App. 562

James C. MANN, as the Personal Representative of the Estate of Linda Ruth Mann, Deceased, and James C. Mann, Guardian Ad Litem for Brian Joseph Mann, Appellants, v. DEPARTMENT OF TRANSPORTATION, an Agency of the State of Oregon, Respondent.

Court of Appeals of Oregon.

Decided August 12, 1992.

Reconsideration Denied November 18, 1992.

Attorney(s) appearing for the Case

Robert J. Miller, Sr., Beaverton, argued the cause for appellants. With him on the brief were Brien F. Hildebrand and Moomaw, Miller & Reel, Beaverton.

Kaye E. Sunderland, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief was Virginia L. Linder, Sol. Gen., Salem.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.

ROSSMAN, Judge.

This is a wrongful death and personal injury action brought under the Oregon Tort Claims Act (OTCA). The issue is whether plaintiff's claims are barred by the two-year statute of limitations.

On December 2, 1986, plaintiff's wife and minor child were travelling on a highway near Rainier Hill when an oncoming vehicle crossed the center line and collided with their vehicle. Plaintiff's wife died, and...

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