Baker v. City of Lakeside

164 P.3d 259, 343 Or. 70, 2007 Ore. LEXIS 594
CourtOregon Supreme Court
DecidedJune 28, 2007
DocketCC 04CV0381; CA A128181; SC S53925
StatusPublished
Cited by34 cases

This text of 164 P.3d 259 (Baker v. City of Lakeside) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Baker v. City of Lakeside, 164 P.3d 259, 343 Or. 70, 2007 Ore. LEXIS 594 (Or. 2007).

Opinions

[72]*72KISTLER, J.

Oregon has provided since statehood that a plaintiff will commence an action on the date that he or she files the complaint as long as the plaintiff also serves the summons on the defendant within 60 days. See ORS 12.020(2) (stating that rule); General Laws of Oregon, Civ Code, ch I, title II, § 15, p 142-43 (Deady 1845-64) (same). The question that this case presents is whether, in amending the Oregon Tort Claims Act (OTCA) in 1981, the legislature intended to exempt OTCA claims from that longstanding rule. The trial court held that it did and dismissed plaintiffs complaint because, without the benefit of that rule, plaintiff had failed to commence her action against the City of Lakeside (city) within the applicable two-year statute of limitations. Following its precedent, the Court of Appeals affirmed. Baker v. City of Lakeside, 206 Or App 718, 138 P3d 894 (2006). We allowed plaintiffs petition for review and now reverse the Court of Appeals decision and the trial court’s judgment.

A city employee injured plaintiff in an automobile accident on August 31, 2002. On August 27, 2004, plaintiff filed a complaint under the OTCA against the city for injuries that she sustained in that accident, but she did not serve the summons on the city until four weeks later. Under the applicable statute of limitations, plaintiff had two years after the accident in which to commence her action against the city. Ordinarily, a plaintiff commences an action against a defendant only after he or she both files the complaint and serves the summons on the defendant. ORS 12.020(1).1 As noted, Oregon has recognized an exception to that rule since statehood. Under ORS 12.020(2), an action “shall be deemed to have been commenced” on the date that the plaintiff filed the complaint if the plaintiff also serves the summons on the defendant within 60 days.2

[73]*73If ORS 12.020(2) applies to OTCA claims, plaintiffs action is timely. She filed her complaint on August 27, 2004, within the two-year statute of limitations, and served the city within 60 days of filing her complaint. Conversely, if ORS 12.020(2) does not apply, then her action may not be timely because she did not serve the summons on the city until the two-year statute of limitations had elapsed. The city-contends that, in amending ORS 30.275 in 1981, the legislature intended to exempt OTCA claims from ORS 12.020. That conclusion follows, the city reasons, from the plain wording of ORS 30.275(9). The Court of Appeals twice has interpreted ORS 30.275(9) that way. See O’Brien v. State of Oregon, 104 Or App 1, 5, 799 P2d 171 (1990), rev dismissed, 312 Or 672, 675 P2d 633 (1992) (so interpreting ORS 30.275(9)); Lawson v. Coos Co. Sch. Dist. #13, 94 Or App 387, 390, 765 P2d 829 (1988) (same). The trial court followed those decisions in ruling in the city’s favor, and the Court of Appeals affirmed the trial court’s judgment on the strength of its earlier decisions. We allowed plaintiffs petition for review to consider this recurring issue.

The parties’ dispute in this case turns on the meaning of a clause in ORS 30.275(9). We begin by setting out the text of that subsection and then turn to the meaning of the disputed clause. ORS 30.275(9) provides:

“Except as provided in ORS 12.120, 12.135 and 659A.875, but notwithstanding any other provision of ORS chapter 12 or other statute providing a limitation on the commencement of an action, an action arising from any act or omission of a public body or an officer, employee or agent of a public body within the scope of ORS 30.260 to 30.300 shall be commenced within two years after the alleged loss or injury.”

The parties interpret the clause “notwithstanding any other provision of ORS chapter 12 or other statute providing a limitation on the commencement of an action” differently.

[74]*74The city contends that the participial phrase “providing a limitation on the commencement of an action” modifies only the phrase “other statute”; it does not modify the phrase “notwithstanding any other provision of ORS chapter 12.” If the city’s interpretation is correct, then the latter phrase would exclude all the provisions of ORS chapter 12 (except for ORS 12.120 and ORS 12.135) in determining whether a plaintiffs OTCA claim was timely. More to the point, the phrase “notwithstanding any other provision of ORS chapter 12” would preclude plaintiff from relying on ORS 12.020(2) in this case.

Plaintiff interprets the notwithstanding clause differently. She reasons that the participial phrase “providing a limitation on the commencement of an action” modifies both “any other provision of ORS chapter 12” and “other statute.” Under that interpretation, the phrase “notwithstanding any other provision of ORS chapter 12” refers to only those provisions of ORS chapter 12 that provide a limitation on the commencement of an action. Because ORS 12.020 does not provide a limitation on the commencement of an action, the phrase would not preclude a plaintiff from relying on ORS 12.020(2), and plaintiffs action in this case would be timely.

Grammatically, both interpretations are permissible. The city argues, however, that two interpretative rules favor its interpretation over plaintiffs.

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Bluebook (online)
164 P.3d 259, 343 Or. 70, 2007 Ore. LEXIS 594, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baker-v-city-of-lakeside-or-2007.