continuing tort doctrine in Oregon

1999In Davis , the trial court relied on the continuing tort doctrine to prevent the jury from considering whether some of the acts that gave rise to the plaintiff's intentional infliction of emotional distress (IIED) claim were outside the statute of limitations. 282 Or. at 671 , 580 P.2d 544 .

1999In Davis , the trial court relied on the continuing tort doctrine to prevent the jury from considering whether some of the acts that gave rise to the plaintiff's intentional infliction of emotional distress (IIED) claim were outside the statute of limitations. 282 Or. at 671 , 580 P.2d 544 .

2023Discrete instances of Cite as 328 Or App 391 (2023) 411 battery that are “separately actionable and not merely an element of a single tort,” see Griffin v. Tri-Met, 112 Or App 575, 581-82 , 831 P2d 42 (1992), aff’d in part and rev’d in part on other grounds, 318 Or 500 , 870 P2d 808 (1994), even if an ongoing pattern of abuse can be shown, see Davis v. Bostick, 282 Or 667, 671-72 , 580 P2d 544 (1978), do not fit within the characterization of a continuing tort.

2023Discrete instances of Cite as 328 Or App 391 (2023) 411 battery that are “separately actionable and not merely an element of a single tort,” see Griffin v. Tri-Met, 112 Or App 575, 581-82 , 831 P2d 42 (1992), aff’d in part and rev’d in part on other grounds, 318 Or 500 , 870 P2d 808 (1994), even if an ongoing pattern of abuse can be shown, see Davis v. Bostick, 282 Or 667, 671-72 , 580 P2d 544 (1978), do not fit within the characterization of a continuing tort.

2023Discrete instances of Cite as 328 Or App 391 (2023) 411 battery that are “separately actionable and not merely an element of a single tort,” see Griffin v. Tri-Met, 112 Or App 575, 581-82 , 831 P2d 42 (1992), aff’d in part and rev’d in part on other grounds, 318 Or 500 , 870 P2d 808 (1994), even if an ongoing pattern of abuse can be shown, see Davis v. Bostick, 282 Or 667, 671-72 , 580 P2d 544 (1978), do not fit within the characterization of a continuing tort.

2023Discrete instances of Cite as 328 Or App 391 (2023) 411 battery that are “separately actionable and not merely an element of a single tort,” see Griffin v. Tri-Met, 112 Or App 575, 581-82 , 831 P2d 42 (1992), aff’d in part and rev’d in part on other grounds, 318 Or 500 , 870 P2d 808 (1994), even if an ongoing pattern of abuse can be shown, see Davis v. Bostick, 282 Or 667, 671-72 , 580 P2d 544 (1978), do not fit within the characterization of a continuing tort.

2023Oregon case law has held that a continuing-tort doctrine applies to the accrual of a claim when there is a series of incidents that individu- ally do not support a claim, but as a whole are “a systemic pattern of conduct that led to a specific injury.” Barrington v. Sandberg, 164 Or App 292, 297-98 , 991 P2d 1071 (1999) (holding the repeated physical abuse of a cadet by a supe- rior officer did not result in a claim for intentional inflic- tion of emotional distress until the cadet first disclosed all of the conduct to a friend and became severely emotionally distressed).

2023Oregon case law has held that a continuing-tort doctrine applies to the accrual of a claim when there is a series of incidents that individu- ally do not support a claim, but as a whole are “a systemic pattern of conduct that led to a specific injury.” Barrington v. Sandberg, 164 Or App 292, 297-98 , 991 P2d 1071 (1999) (holding the repeated physical abuse of a cadet by a supe- rior officer did not result in a claim for intentional inflic- tion of emotional distress until the cadet first disclosed all of the conduct to a friend and became severely emotionally distressed).

2023Discrete instances of Cite as 328 Or App 391 (2023) 411 battery that are “separately actionable and not merely an element of a single tort,” see Griffin v. Tri-Met, 112 Or App 575, 581-82 , 831 P2d 42 (1992), aff’d in part and rev’d in part on other grounds, 318 Or 500 , 870 P2d 808 (1994), even if an ongoing pattern of abuse can be shown, see Davis v. Bostick, 282 Or 667, 671-72 , 580 P2d 544 (1978), do not fit within the characterization of a continuing tort.

2023Discrete instances of Cite as 328 Or App 391 (2023) 411 battery that are “separately actionable and not merely an element of a single tort,” see Griffin v. Tri-Met, 112 Or App 575, 581-82 , 831 P2d 42 (1992), aff’d in part and rev’d in part on other grounds, 318 Or 500 , 870 P2d 808 (1994), even if an ongoing pattern of abuse can be shown, see Davis v. Bostick, 282 Or 667, 671-72 , 580 P2d 544 (1978), do not fit within the characterization of a continuing tort.