COWLTHORP v. BRANFORD


567 P.2d 536 (1977)

Linda J. COWLTHORP, Respondent/Cross-Appellant, v. John BRANFORD, Appellant/Cross-Respondent.

Supreme Court of Oregon, In Banc.

Decided August 2, 1977.


Attorney(s) appearing for the Case

Jeffrey M. Batchelor, Gearin, Cheney, Landis, Aebi & Kelley, Portland, argued the cause for appellant/Cross-respondent. With him on the briefs was David C. Landis, Portland.

James J. Pomajevich, Engel & Pomajevich, Portland, argued the cause and filed briefs for respondent/cross-appellant.


HOLMAN, Justice.

This is an action for damages for alleged medical malpractice resulting in brain damage caused by cardiac arrest during the administration of an anesthetic. Judgment was entered for defendant pursuant to a jury verdict. Plaintiff filed a motion for a new trial which was granted on the 56th day subsequent to the entry of judgment. Defendant has appealed from the order granting a new trial. Plaintiff has conceded...

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