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James C. MANN, as the Personal Representati v. of the Estate Of Linda Ruth Mann, Deceased, and James C. Mann, Guardian Ad Litem for Brian Joseph Mann, Appellant,

On remand from Oregon Supreme Court. Mann v. Dept. of Transportation, 315 Or. 642, 847 P.2d 856 (1993).

PER CURIAM

Affirmed.

PER CURIAM

This case is before us on remand from the Supreme Court, which reversed our previous decision, 114 Or. App. 562, 566, 836 P.2d 1353 (1992), and directed that we further consider the case in the light of Perez v. Bay Area Hospital, 315 Or. 474, 846 P.2d 405 (1993). Mann v. Dept. of Transportation, 315 Or. 642, 847 P.2d 856 (1993).

In Perez, the court held that the notice and limitation periods relevant to a claim that is filed by a minor against a public body, ORS 30.275, are not tolled pending the appointment of a guardian ad litem for the minor. Given that newly-announced rule, we must affirm the trial court's dismissal of plaintiff's second claim, which sought relief for personal injuries sustained by his minor child. We adhere to the remainder of our previous opinion, which affirmed the trial court's dismissal of plaintiff's wrongful death claim.

Affirmed.

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MANN v. DEPARTMENT OF TRANSPORTATION
(Aug 25, 1993)