ERTSGAARD v. BEARD

86-C-10721; A47400; 86-C-10722; CA A46970 [control].

777 P.2d 971 (1989)

97 Or.App. 471

Angela ERTSGAARD and Reid Alan Ertsgaard, Respondents, v. Duane G. BEARD, M.D., Defendant, and Amelia Allen, M.D., Appellant. Sean Paul Ertsgaard, a Minor by and through Reid Alan Ertsgaard, His Conservator, Respondent, v. Duane G. Beard, M.D., Defendant, and Amelia Allen, M.D., Appellant.

Court of Appeals of Oregon.

Decided July 12, 1989.


Attorney(s) appearing for the Case

Kim Jefferies, Portland, argued the cause for appellant. With her on the brief was Wood Tatum Mosser Brooke & Landis, Portland.

J. Michael Alexander, Salem, argued the cause for respondents. With him on the brief was Burt, Swanson, Lathen, Alexander & McCann, Salem.

Before GRABER, P.J., and RIGGS and EDMONDS, JJ.


GRABER, Presiding Judge.

Defendant Allen appeals from two judgments and one order granting a new trial in these medical malpractice actions. The issues are whether the trial court abused its discretion in granting a new trial and whether it erred in allocating a pretrial settlement. We vacate the order granting a new trial and affirm the allocation.

Angela Ertsgaard was a patient of Dr. Allen and Dr. Beard during her pregnancy in 1983 and 1984. She developed...

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