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DACUS v. MILLER

479 P.2d 229 (1971)

Diana M. DACUS, Appellant v. Jack B. MILLER, Respondent.

Supreme Court of Oregon, In Banc.

Reargued January 5, 1971.

Decided January 13, 1971.

Attorney(s) appearing for the Case

George A. Haslett, Jr., Portland, argued the cause for appellant. With him on the brief was Robert J. Johnston, Portland.

David C. Landis, Portland, argued the cause for respondent. With him on the brief was Robert H. Hollister, Portland.

McALLISTER, Justice.

Plaintiff sued the defendant surgeon for alleged malpractice in operating on her middle ear. The jury found for defendant and plaintiff appeals.

Only two of the several assignments of error need be mentioned. They involve the refusal of the court to give a res ipsa loquitur instruction and the withdrawal from the jury's consideration of one of the specifications of negligence.

Defendant...

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