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DASKALOS v. KELL

571 P.2d 141 (1977)

James W. DASKALOS and Bayview Osteopathic Clinic, P.C., an Oregon Professional Corporation, Formerly Known As Tillamook Osteopathic Clinic, P.C., Appellants, v. Raymond M. KELL, Clifford B. Alterman, Ted E. Runstein, Christopher P. Thomas and Lee Davis Kell, Respondents.

Supreme Court of Oregon, In Banc.

Decided December 6, 1977.

Attorney(s) appearing for the Case

Daniel H. Skerritt, of Lindsay, Nahstoll, Hart & Krause, Portland, argued the cause and filed the briefs for appellants.

I. Franklin Hunsaker, of Bullivant, Wright, Leedy, Johnson, Pendergrass & Hoffman, Portland, argued the cause for respondents. With him on the brief was Albert A. Menashe, Portland.

Before DENECKE, C.J., HOLMAN, TONGUE, BRYSON and LINDE, JJ., and GILLETTE, J. Pro Tem.

TONGUE, Justice.

This is an action for damages against a lawyer for legal malpractice. The case was tried before a jury, which returned a verdict in favor of the plaintiffs in the sum of $23,005.65. The resulting judgment was then set aside by the trial court on its own motion and a new trial was ordered by it on the ground that although there was evidence from which the jury could have found that defendants were negligent, the plaintiff Daskalos was "as a matter...

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