Tort Actions

ORS 31.230
Wrongful use of civil proceeding

  • pleading
  • procedure

(1)

In order to bring a claim for wrongful use of a civil proceeding against another, a person shall not be required to plead or prove special injury beyond the expense and other consequences normally associated with defending against unfounded legal claims.

(2)

The filing of a civil action within 60 days of the running of the statute of limitations for the purpose of preserving and evaluating the claim when the action is dismissed within 120 days after the date of filing shall not constitute grounds for a claim for wrongful use of a civil proceeding under subsection (1) of this section.

(3)

A claim for damages for wrongful use of a civil proceeding shall be brought in an original action after the proceeding which is the subject matter of the claim is concluded. [Formerly 30.895]
(Actions Against Health Care Providers; Resolution of Adverse Health Care Incidents)

Notes of Decisions

Allegation of emotional distress is sufficient to support damages element of claim. Lee v. Mitchell, 152 Or App 159, 953 P2d 414 (1998)

To fit exemption for action filed and dismissed around time of running of statute of limitations, filing of action must be for sole purpose of preserving and evaluating claim. Roop v. Parker Northwest Paving Co., 194 Or App 219, 94 P3d 885 (2004), Sup Ct review denied

Source

Last accessed
May 30, 2023

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