Robert Tavernier v. Weyerhaeuser Company, a Corporation

In this diversity case the sole question is whether plaintiff-appellant’s first claim for relief, for personal injuries, is barred by the Oregon two-year statute of limitations. (O.R.S. 12.110). The trial judge held that the claim is barred. We are reversing.

The facts are simple. Appellant was injured on January 3, 1957. He was then sixteen years old. He was lawfully married on June 27, 1957, and became 21 on June 1, 1961. This action was filed on April 6, 1961. Thus the claim is barred unless the running of the statute is tolled. The tolling statute is O.R.S. 12.160, which provides:

The trial judge held that “such disability,” i. e., the disability of minority, ceased on the date of appellant’s marriage, June 27, 1957, and that the period of limitation therefore ran out before this action was filed. He so decided because O.R.S. 109.520 provides, with an exception not material here, that “all persons shall be deemed to have arrived at the age of majority upon their being married according to law,” and O.R.S. 109.-510 provides:

It was the trial judge’s view that being “within the age of 21 years” ceases to be a “disability” upon marriage. He relied upon Kilgour v. Gockley,…