YEAGER v. MONTGOMERY

A179342 A179618 A179835

546 P.3d 10 (2024)

331 Or. App. 263

Conrad Mouton, Plaintiff-Appellant, v. Tri-County Metropolitan Transportation District of Oregon, a municipal corporation, Defendant-Respondent. Jennifer YEAGER, Plaintiff-Appellant, v. Chance MONTGOMERY, Defendant-Respondent. Brandon Flanders, Plaintiff-Appellant, v. WinCo Foods, LLC, a foreign limited liability company, Defendant-Respondent.

Court of Appeals of Oregon.

February 28, 2024.


Attorney(s) appearing for the Case

In A179342, Willard E. Merkel , Portland, argued the cause for appellant. Also on the briefs was Merkel & Conner, LLC.

In A179342, Michael S. Shin , Portland, argued the cause for respondent. Also on the brief was Keith Garza .

In A179342, Sara Kobak and Schwabe Williamson & Wyatt, P.C., Portland, filed the brief amicus curiae for Oregon Association of Defense Counsel.

In A179342, Elizabeth C. Savage, Portland, filed the brief amicus curiae for Oregon Trial Lawyers Association.

In A179618, Andrew R. Wilson argued the cause for appellant. Also on the briefs was Black, Chapman, Petersen & Stevens.

In A179618, Casey S. Murdock , Medford, argued the cause for respondent. Also on the brief was Frohnmayer, Deatherage, Jamieson, Moore, Armosino & McGovern, P.C.

In A179618, Elizabeth C. Savage, Portland, filed the brief amicus curiae for Oregon Trial Lawyers Association.

In A179618, Sara Koback and Schwabe, Williamson & Wyatt, P.C., Portland, filed the brief amicus curiae for Oregon Association of Defense Counsel.

In A179835, Apolinar Montero-Sanchez argued the cause for appellant. Also on the briefs were Lourdes Sánchez and Law Offices of Lourdes Sánchez, P.C.

In A179835, Patricia A. Brockway , Lake Oswego, argued the cause for respondent. Also on the brief was Goehler & Associates.

In A179835, Elizabeth C. Savage, Portland, filed the brief amicus curiae for Oregon Trial Lawyers Association.

In A179835, Sara Kobak and Schwabe, Williamson & Wyatt, P.C., Portland, filed the brief amicus curiae for Oregon Association of Defense Counsel.

Before Aoyagi, Presiding Judge, Joyce, Judge, and Jacquot, Judge.


In these three civil cases, consolidated for purposes of opinion, each plaintiff filed a negligence action in early 2022 that the trial court dismissed as time barred. Each plaintiff appeals, arguing that their complaint was timely filed in light of temporary legislation enacted early in the COVID-19 pandemic that extended the statutes...

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