Oregon Supreme Court May 16, 2013, CC 090913232; CA A145225; SC S060373 (Bell v. Tri-County Metropolitan Transportation District)

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United States · · · 16-05-2013

BALDWIN, J.,

dissenting.

I am unable to join in the majority’s opinion, because the majority has adopted an unreasonable construction of ORS 30.075(1) and ORS 30.275(9). Moreover, the majority opinion is inconsistent with our recent holding in Baker v. *549City of Lakeside, 343 Or 70, 164 P3d 259 (2007). In my view, plaintiffs personal representative timely filed this injury action under ORS 30.

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