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SON v. ASHLAND COMMUNITY HEALTHCARE SVCS.

051623L3; A137065.

244 P.3d 835 (2010)

239 Or. App. 495

Katrina D. SON, as personal representative for the Estate of Sara Joy Burnson, deceased, Plaintiff-Appellant Cross-Respondent, v. ASHLAND COMMUNITY HEALTHCARE SERVICES, dba Ashland Community Hospital, Defendant, and Paul Rostykus, MD; and John Delgado, MD, Defendants-Respondents Cross-Appellants.

Court of Appeals of Oregon.

Decided December 15, 2010.

Attorney(s) appearing for the Case

Kathryn H. Clarke argued the cause for appellant-cross-respondent. With her on the briefs were Linda K. Eyerman , William A. Gaylord , and Gaylord Eyerman Bradley, P.C.

Lindsey H. Hughes , Portland, argued the cause for respondent-cross-appellant Paul Rostykus, MD. Janet M. Schroer , Portland, argued the cause for respondent-cross-appellant John Delgado, MD. With them on the joint briefs were Susan J. Mahoney and Keating Jones & Hughes PC, and Marjorie A. Speirs and Hoffman, Hart & Wagner, LLP.

Before LANDAU, Presiding Judge, and ORTEGA, Judge, and SERCOMBE, Judge.

SERCOMBE, J.

This appeal arises out of a jury verdict in a wrongful death case against two physicians. The jury returned a verdict for plaintiff, assigning fault to defendants, decedent, and decedent's father. Plaintiff appeals, asking us to reverse the trial court's judgment to the extent fault is attributed to decedent and decedent's father, and to remand the case to the trial court for the entry of judgment allocating 50 percent fault to each defendant. Defendants...

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