Opinion
87C-11334; CA A47630.
Argued and submitted December 19, 1988
Affirmed April 5, 1989 reconsideration denied May 26, petition for review allowed October 3, 1989 ( 308 Or. 405) See later issue Oregon Reports
Appeal from the Circuit Court, Marion County, C. Gregory West, Judge.
J. Michael Alexander, Salem, argued the cause for appellant. With him on the briefs were Burt, Swanson, Lathen, Alexander McCann, Salem, and F. William Honsowetz, Lombard, Gardner, Honsowetz, Brewer Schons, Eugene.
William G. Blair, Assistant City Attorney, Salem, argued the cause for respondents. With him on the brief was William J. Juza, City Attorney, Salem.
Before Buttler, Presiding Judge, and Warren and Rossman, Judges.
PER CURIAM
Affirmed.
In this wrongful death case, plaintiff appeals from a summary judgment for defendants that was granted on the ground that the action was not commenced within the two years provided in the Tort Claims Act. ORS 30.275 (8). Plaintiff contends that that limitation creates two classes of tortfeasors, thereby discriminating against class members with wrongful death claims against public bodies, because the limitation for wrongful death claims against all other tortfeasors is three years. ORS 30.020. Plaintiff contends that the resulting discrimination violates Article I, section 20, of the Oregon Constitution and the Fourteenth Amendment to the United States Constitution.
We affirm. See Vendrell v. School District No. 26C et al, 226 Or. 263, 360 P.2d 282 (1961); Hale v. Port of Portland, 89 Or. App. 209, 748 P.2d 161, rev allowed 305 Or. 671 (1988); Nored v. Blehm, 743 F.2d 1386 (9th Cir 1984).
Affirmed.