Hoffman v. Rockey

1 Citing case

  1. Keller v. Armstrong World Industries, Inc.

    197 Or. App. 450 (Or. Ct. App. 2005)   Cited 9 times

    In that respect, this case is similar to those malpractice and products liability cases in which courts have held that statutes of limitation did not begin to run where plaintiffs received reassurances from defendants that prevented plaintiffs from having sufficient certainty about the existence of facts pertaining to the elements of the statutes of limitation. See Gaston, 318 Or at 260-61; Forest Grove Brick v. Strickland, 277 Or 81, 559 P2d 502 (1977); Hoeck, 149 Or App at 613-14; Penuel v. Titan/Value Equities Group, Inc., 127 Or App 195, 200-01, 872 P2d 28, rev den, 319 Or 150 (1994); Hoffman v. Rockey, 55 Or App 658, 662-63, 639 P2d 1284, rev den, 292 Or 722 (1982). In those cases, a manufacturer's assurance that a product could be fixed or a doctor's assurance that an untoward effect was normal and not the result of negligence presented each plaintiff with several alternative explanations for the injury, only one of which supported the plaintiff's tort claim.