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P.H. v. F.C.

9203-01718; CA A77670.

873 P.2d 465 (1994)

127 Or. App. 592

P.H., Appellant, v. F.C. and E.C., individually and as husband and wife, Respondents.

Court of Appeals of Oregon.

Decided April 27, 1994.

Attorney(s) appearing for the Case

Michael S. Morey, Portland, argued the cause and filed the briefs for appellant.

Nancy S. Tauman, Oregon City, argued the cause for respondents. With her on the briefs were Kenneth Kalafut, Portland, and Hibbard, Caldwell & Schultz, Oregon City.

Before ROSSMAN, P.J., and De MUNIZ and LEESON, JJ.

De MUNIZ, Judge.

Plaintiff, the 44 year-old child of defendants, brought this action alleging damages as a result of childhood sexual abuse. The trial court granted defendants' motion to dismiss on the ground that the action was barred by the then-existing version of ORS 12.117, which barred a person who had reached 40 years of age from bringing an action based on child abuse. At the time plaintiff brought her action, ORS 12.117(1) provided, in part, that

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