OTLA Trial Lawyer Summer 2020

54 Trial Lawyer • Summer 2020 tiff appealed. The Court of Appeals concluded ORS 30.275 (9) cannot be read to supersede ORS 12.117, despite its two-year limita- tion on the commencement of actions against public bodies “notwithstanding any other provision of ORS chapter 12 or other statute providing a limitation on the commencement of an action.” The court concluded, by its terms and as construed by Oregon Supreme Court, ORS 30.275 (9) only applies to provi- sions in Chapter 12 which set forth a limitation period for filing a claim. The court determined that ORS 12.117 ex- tends limitation periods for bringing claims for child abuse until the age of 40 or within five years of discovery which- ever is longer, and it operates to do so “[n]otwithstanding ORS 12.110, 12.115 or 12.160.” The court concluded that, by creating an exception to ORS 12.115, the statute Sheets Continued from p 53 is neither “providing a limitation on the commencement of an action” within the meaning of ORS 30.275 (9), nor permit- ting the 10-year statute of ultimate repose under ORS 12.115 to apply in this case. Accordingly, the court reversed the trial court’s erroneous dismissal of plaintiff ’s claims and remanded the case to that court for further proceedings. When determining whether a plaintiff recovered a more favorable judgment than the offer of judgment, the proper comparison under ORCP 54 E is be- tween the offer, which in this case in- cluded the right to pursue recoverable attorney fees and costs incurred up to the time of service of the offer and the judgment, which here included the sum of the damages award plus those same fees and costs. International Association of Machinist, Woodworkers Local W-246 v. Heil , 302 Or App 442 (2020); Shorr, J. The plain- tiff was represented byWilliam Sherlock. Cody Hoesly specializes in appeals, finan- cial fraud and commercial cases. He con- tributes to OTLA Guardians at the Sus- taining Member level. Hoesly is a partner with Larkins Vacura Kayser LLP, 121 SW Morrison St., Ste. 700, Portland, OR 97204. He can be reached at choesly@ lvklaw.com and 503-222-4424. Lisa T. Hunt specializes in appeals, general civil litigation, and full-scale trial and motions support for plaintiff ’s attor- neys. She can be reached at the Law Office of Lisa T. Hunt, LLC, lthunt@lthuntlaw. com or 503-515-8501. Christine Moore specializes in appeals, aviation and general civil litigation. She contributes to OTLA Guardians at the Sustaining Member level. She is a partner with Richardson Wright LLP, 805 SW Broadway, Ste. 470, Portland, OR 97205. She can be reached at 503-546-4637 or christine@richardsonwright.com.