- Bodyfelt mount
Bodyfelt Mount has the following cases in the Appellate Courts of Oregon, Washington and the Ninth Circuit:
Fielding v. Palma-Perez. This case involves application of the saving statute, ORS 12.220, which allows a new action to be filed and served past the statute of limitations after an earlier action is involuntarily dismissed, if all elements of the statute are met. Plaintiff appeals a ORCP 21 A(9) dismissal based on the statute of limitations on two grounds. First, plaintiff argues that a claim for agency liability under the family purpose doctrine was the “same claim” within the saving statute as plaintiff’s original claim for negligence. Second, plaintiff seeks review of whether the relation back provisions of ORCP 23 C can apply to a new lawsuit under the saving statute, such that a defendant first named in the second action can be considered a “defendant in the original action” as required by the saving statute. The Court of Appeals ruled in favor of Bodyfelt Mount's client and affirmed the trial court's dismissal of plaintiff's lawsuit without opinion in October 2012. Plaintiff petitioned the Oregon Supreme Court for review. The parties are waiting its decision.