Dowers Farms, Inc. v. Lake County
Citation | 593 P.2d 1207,39 Or.App. 685 |
Decision Date | 18 June 1979 |
Docket Number | No. 8427,8427 |
Parties | DOWERS FARMS, INC., an Oregon Corporation, Respondent, v. LAKE COUNTY, Oregon, Appellant. ; CA 11232. |
Court | Court of Appeals of Oregon |
G. Kenneth Shiroishi, Portland, argued the cause for appellant. On the brief was Howard K. Beebe, Portland.
James H. Phelps, Madras, argued the cause and filed the brief for respondent.
Before SCHWAB, C. J., and TANZER, RICHARDSON and ROBERTS, JJ.
Plaintiff, a potato farmer, brought this trespass action for loss of a crop under the Tort Claims Act, ORS 30.260 to 30.300, against defendant Lake County alleging that an herbicide sprayed by defendant on a roadside drifted onto adjacent land belonging to the plaintiff. Defendant filed demurrers alleging (1) failure to commence the action within the Tort Claims Act's statute of limitations, and (2) failure to state a cause of action for lack of the written notification required by the Act. Defendant also moved for a directed verdict on the latter ground. The trial court overruled the demurrers, denied the motion for a directed verdict, and gave judgment for plaintiff. Defendant appeals the judgment assigning as error the overruling of its demurrers and the failure to grant its motion for a directed verdict.
ORS 30.275 provides:
The relevant dates are as follows:
On March 11, 1975, the county sprayed the road with an herbicide.
Sometime within the first two weeks of June defendant planted his potato crop.
On July 15, 1975, plaintiff discovered the damage when a portion of his potato crop came up deformed.
Sometime between July 15 and August 18, 1975, plaintiff gave oral notice of a possible claim to the administrative assistant of the Lake County Commissioners.
On August 18, 1975, plaintiff sent written notice to the roadmaster of Lake County.
On June 14, 1977, this action was commenced.
Whether plaintiff commenced his action within the two-year statute of limitations prescribed by ORS 30.275(3) depends on when plaintiff's cause of action is deemed to have accrued. If his cause of action accrued on the date of the spraying, March 11, 1975, plaintiff commenced his action too late. But if plaintiff is to be given a reasonable opportunity to discover the damage, his commencement of his action was timely. In Berry v. Branner, 245 Or. 307, 421 P.2d...
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Dowers Farms, Inc. v. Lake County
...the date of the incident precipitating the injury rather than the date upon which the resulting injury is discovered. 5 Dowers Farms, Inc., 39 Or.App. 685, 593 P.2d 1207, reconsid. den. with opinion, 40 Or.App. 647, 595 P.2d 1385 (1979). We allowed review, ORS 2.520, to consider that THE ST......
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Adams v. Oregon State Police
...year period of limitations in ORS 30.275(3); (c) that under the Court of Appeals' decision in Dowers Farms, Inc. v. Lake County, 39 Or.App. 685, 593 P.2d 1207, 40 Or.App. 647, 595 P.2d 1385 (1979) the two year period was not tolled to allow discovery, but commenced Subsequent to the Court o......
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Adams v. Oregon State Police
...statute of limitations (in ORS 30.275(3)) run from the same date." 29 Or.App. at 164, 562 P.2d at 599. In Dowers Farms, Inc. v. Lake County, 39 Or.App. 685, 593 P.2d 1207 (1979), we held that the two year limitations period is not tolled to give plaintiff a reasonable opportunity for discov......