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what is the Rationale, or reasoning, given by the court for its rulings of LILES v. DAMON CORPORATION
The decision of the Court of Appeals is reversed. The judgment of the circuit court is affirmed. 1. Plaintiffs brought their action in 2003 under the statutes then in effect. [ In the interim, the legislature renumbered the statutes that comprise Oregon's Lemon Law but did not change their substantive terms. We refer in this opinion to the renumbered statutes. ............. 2. The Court of
Appeals concluded that plaintiffs' attorney's interpretation of the applicable statute of limitations was mistaken. Liles, 210 Or App at 305 n 2. We agree with the Court of Appeals. Under ORS 646A.416, plaintiffs had to file their action within one year after whichever of the following time periods ended earlier: "(1) The period ending on the date on which the mileage on the motor vehicle reaches 12,000 miles; or "(2) The period of one year following the date of the original delivery of the motor vehicle to the consumer." ............ ]
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Asked 5/9/2012 4:01:50 PM
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what are the Procedural history of the case of LILES v. DAMON CORPORATION
Weegy: Dale L. LILES and Karen Marie Liles, husband and wife, Petitioners on Review, v. DAMON CORPORATION, an Indiana Corporation, Respondent on Review. (CC 033086; ?CA A129113; ?SC S054734). Argued and Submitted Nov. 6, 2007. [ - December 11, 2008/Before DE MUNIZ, Chief Justice, and GILLETTE, DURHAM, BALMER, KISTLER, and WALTERS, Justices.** Gary E. Norman, Albany, argued the cause and filed the brief for petitioners on review.William A. Drew, of Elliott, Ostrander and Preston PC, Portland, argued the cause and filed the briefs for respondent on review.Brian S. Campf, of Brian S. Campf, PC, Portland, filed the brief for amicus curiae Oregon Trial Lawyers Association. ?Plaintiffs brought this action under ORS 646A.400 to ORS 646A.418, commonly known as Oregon's Lemon Law,1 seeking replacement of a motor home that they had purchased. The issue on review concerns the proper interpretation of ORS 646A.402, which we quote below in full. Under that statute, a statutory remedy is “available to a consumer” if, among other things, the manufacturer of a motor vehicle has received “direct written notification” from the consumer and “has had an opportunity to correct the alleged defect.” ORS 646A.402(3). After a trial, the trial court found that plaintiffs had satisfied the statutory requirements and granted relief. Specifically, the court rejected defendant's contention that ORS 646A.402(3) obligated plaintiffs to afford defendant the opportunity to correct the alleged defect after sending written notification to defendant and before filing their action. In its judgment, the court made the following finding of fact: “The Court finds that the manufacturer did receive adequate written notification of these defects from the Plaintiffs and that the manufacturer also had ample opportunity to correct the defects.”caselaw.findlaw.com/or-supreme-court/1102373.html ] (More)
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