Opinion
89-2161; CA A67598
Submitted on remand from the Oregon Supreme Court May 20, affirmed August 25, 1993
Appeal from Circuit Court, Columbia County.
Donald L. Kalberer, Judge.
Robert J. Miller, Sr., Brien F. Hildebrand and Moomaw, Miller Reel, Beaverton, for appellant.
Dave Frohnmayer, Attorney General, Virginia L. Linder, Solicitor General, and Kaye E. Sunderland, Assistant Attorney General, Salem, for respondent.
Before Rossman, Presiding Judge, and De Muniz and Leeson, Judges.
On remand from Oregon Supreme Court. Mann v. Dept. of Transportation, 315 Or. 642, 847 P.2d 856 (1993).
PER CURIAM
Affirmed.
This case is before us on remand from the Supreme Court, which reversed our previous decision, 114 Or. App. 562, 566, 836 P.2d 1353 (1992), and directed that we further consider the case in the light of Perez v. Bay Area Hospital, 315 Or. 474, 846 P.2d 405 (1993). Mann v. Dept. of Transportation, 315 Or. 642, 847 P.2d 856 (1993).
In Perez, the court held that the notice and limitation periods relevant to a claim that is filed by a minor against a public body, ORS 30.275, are not tolled pending the appointment of a guardian ad litem for the minor. Given that newly-announced rule, we must affirm the trial court's dismissal of plaintiff's second claim, which sought relief for personal injuries sustained by his minor child. We adhere to the remainder of our previous opinion, which affirmed the trial court's dismissal of plaintiff's wrongful death claim.
Affirmed.