Opinion
84-01-19,312-L; CA A31886
Argued and submitted May 17, 1985 at Pendleton, Oregon.
Affirmed September 18, 1985. Reconsideration denied November 8, 1985. Petition for review denied December 24, 1985 ( 300 Or. 451).
Appeal from Circuit Court, Malheur County, F. J. Yraguen, Judge.
Wendell Gronso, Burns, argued the cause for appellant. On the Brief were W. D. Cramer, Jr., and Cramer Pinkerton, Burns.
William C. Tharp, Ontario, argued the cause for respondent Treasure Valley Community College. With him on the brief was Tharp Van Atta, Ontario.
Larry Sullivan, Vale, filed the brief for respondent Robert J. Smith.
Carl Burnham, Jr., Ontario, argued the cause for respondent R. W. Luekenga Construction Co., Inc. On the brief were Tim J. Helfrich, and Yturri, Rose, Burnham, Ebert Bentz, Ontario.
Before Richardson, Presiding Judge, and Warren and Young, Judges.
PER CURIAM
Affirmed.
Plaintiff appeals a judgment dismissing his complaint as to all defendants on the ground that the action was commenced more than ten years after the construction of the facility alleged to have caused the injury. ORS 12.135. He argues that the statutory time limits, as applied, violate Article I, section 10, of the Oregon Constitution and the Fourteenth Amendment to the federal constitution.
Plaintiff's contention that statutes of ultimate repose are unconstitutional has been rejected in a number of cases. We discern no distinction between those cases and this one. See Johnson v. Star Machinery Co., 270 Or. 694, 530 P.2d 53 (1974); Josephs v. Burns Bear, 260 Or. 493, 491 P.2d 203 (1971); Marinelli v. Ford Motor Co., 72 Or. App. 268, 696 P.2d 1, rev den 299 Or. 251 (1985); Davis v. Whiting Corporation, 66 Or. App. 541, 674 P.2d 1194, rev den 297 Or. 82 (1984).
Affirmed.