by John J. Tollefsen | Oct 16, 2014 | Blog, Civil Litigation OR, Torts OR
Katherine L. Tavtigian-Coburn v All Star Custom Homes, LLC (Or App, October 8, 2014) Decision: 141008-Tavtigian-All-Star-Custom-Homes The implied discovery rule tolls the statute of limitation until the plaintiff knows sufficient facts to bring the action. It is expressed in this manner: The discovery rule is “a rule of interpretation of statutes of limitation that has the effect of tolling the commencement of such [claims] under certain circumstances.” FDIC. v. Smith, 328 Ore. 420, 428, 980 P.2d 141 (1999). Under the discovery rule, the period of limitations is deemed to have commenced from the earlier of two possible events: “(1) the date of the plaintiff’s actual discovery of injury; or (2) the date when a person exercising reasonable care should have discovered the injury, including learning facts that an inquiry would have disclosed.”1Greene v. Legacy Emanuel Hospital, 335 Ore. 115, 123, 60 P.3d 535 (2002) (emphasis in original); see also Kaseberg v. Davis Wright Tremaine, LLP, 351 Ore. 270, 278, 265 P.3d 777 (2011) (“The discovery rule applies an objective standard — how a reasonable person of ordinary prudence would have acted in the same or a similar situation.”). This quote is from Rice v. Rabb, 354 Ore. 721, 725-726, 320 P.3d 554, 556-557 (Or.2014) The statute of limitations for most Oregon causes of action is controlled by ORS chapter 12. The court focused on the language of ORS 12.010 stating that actions shall be commenced “after the cause of action has accrued.” Accrue in this context means “at the time [a] plaintiff obtained knowledge, or reasonably should have obtained knowledge of the tort committed upon her person by [a] defendant.”2Berry v. Branner, 245...
by Justin Tollefsen | Jul 25, 2011 | Blog, Civil Litigation OR, Civil Litigation WA
Small claims courts allow access to the courts at minimal cost. Small Claims Courts Small claims courts are informal and inexpensive means of bringing an action for damages up to $5,000. No attorneys are allowed. There are no appeals. Small claims courts can be useful in some cases even if damages exceed $5,000. Even if attorney fees can be awarded, civil cases are usually settled for a reduced amount because of the risks inherent in litigation. For example, if your claim is $10,000, you may be offered $7,500 in settlement. Your attorney may suggest you take the offer because of the small possibility you could lose the case. If attorney fees to that point are $5,000, your net recovery is only $2,500. You would have been further ahead to file in small claims and settle for $5,000. Washington State Small Claims Courts WA Small Claims information WA-2008-small claims courts brochure Guide to Washington Courts Oregon State Small Claims Courts Oregon Small Claims Information How do I file a small claim case? – from Oregon Small Claims Information Before you sue, try to settle your dispute. When you file your claim with the court, you will be asked to sign a sworn statement called an affidavit stating that you have made a genuine effort to collect on the claim. You can try to settle by phone or in writing. Make sure your offer is simple, clear and unemotional. Remember that all written communications can be used later in the courtroom if necessary. If you have exhausted all reasonable steps to settle the dispute out of court, and you know who...
