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AUSTIN v. SISTERS OF CHARITY OF PROVIDENCE

470 P.2d 939 (1970)

Elmer J. AUSTIN, Appellant, v. SISTERS OF CHARITY OF PROVIDENCE IN OREGON, an Oregon Corporation Doing Business As Providence Hospital, and Gregory B. Nichols, Respondents.

Supreme Court of Oregon.

Decided June 17, 1970.

Rehearing Denied July 21, 1970.

Attorney(s) appearing for the Case

Nick Chaivoe, Portland, argued the cause for appellant. On the briefs were Lloyd F. Ryan, Jr., Peterson, Chaivoe & Peterson, and Fulop, Gross & Saxon, Portland.

George M. Joseph, Portland, argued the cause for respondents. With him on the brief were Morrison & Bailey, and Thomas E. Cooney, Portland.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, JJ.

McALLISTER, Justice.

This is an action for personal injuries allegedly suffered by plaintiff in 1966 as a result of negligence on the part of an X-ray technician employed by the defendant Providence Hospital. Defendants are the hospital and Dr. Gregory B. Nichols, the radiologist in charge of the hospital's X-ray department. Plaintiff's complaint alleged that as a result of the technician's negligence he suffered injuries in the form of

"* * * acute strain...

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