Laura Conner and Clarence H. Conner v. Oren W. Spencer

In 1955 appellants and appellee were involved in an automobile accident in the State of Idaho. They were all then residents of that state. In 1956 appellee moved to Oregon, where he has since resided. In 1960 appellants filed this personal injury action against appellee in the District Court for the District of Oregon. That Court held that the action was barred by the statute of limitations and dismissed it. We affirm.

It is conceded that in this diversity suit the District Court was required to apply the law of the State of Oregon, including its rules of conflict of laws [see Klaxon Co. v. Stentor Elec. Mfg. Co., 313 U.S. 487, 496 , 61 S.Ct. 1020 , 85 L.Ed. 1477 (1941)] and, specifically, its choice of law rules as to the proper period of limitations [see Hall v. Copco Pacific, Ltd., 224 F.2d 884, 885 (9th Cir. 1955); Zellmer v. Acme Brewing Co., 184 F.2d 940, 942 (9th Cir. 1950) ]. It is clear that Oregon follows the universal rule that except as otherwise expressly provided by its statutes foreign causes of action sued upon in Oregon courts are subject to the limitations periods applicable to comparable local causes of action. See Van Santvoord v. Roethler, 35 Or. 250 , 57 P.…