COMLEY v. EMANUEL LUTH. CHARITY BD.

No. 417-542; CA 8489.

582 P.2d 443 (1978)

35 Or.App. 465

Christina Elena COMLEY, a Minor, by and through Her Guardian Ad Litem, Laura A. Comley, Appellant, v. EMANUEL LUTHERAN CHARITY BOARD, D/B/a Emanuel Hospital, a Corporation, Robert E. Thornfeldt, M.D., Malcolm F. Fuller, M.D., the Mira Corporation, a Corporation, John Doe Two, Distributor, and John Doe Three, Retailer, Defendants, State Board of Higher Education of the State of Oregon, Supervising Agency of University of Oregon Health Sciences Center, School of Medicine and Doernbecher Memorial Hospital for Children, Michael J. Noonan, M.D., and Kit G. Johnson, M.D., Respondents.

Court of Appeals of Oregon.

Decided August 1, 1978.


Attorney(s) appearing for the Case

Charles D. Maier, Portland, argued the cause for appellant. With him on the briefs were Leonard Popick and Galton & Popick, Portland.

E. Richard Bodyfelt, Portland, argued the cause for respondents. With him on the brief were Paul R. Duden and Tooze, Kerr, Peterson, Marshall & Shenker, Portland.

Before SCHWAB, C.J., and TANZER and BUTTLER, JJ.


TANZER, Judge.

Plaintiff seeks to recover for personal injuries allegedly sustained as a result of medical malpractice. This is an appeal from an order granting summary judgment to two physicians and the State Board of Higher Education.1

Plaintiff's cause of action, as stated in her fourth amended complaint, arose from the post-natal medical treatment administered following her premature birth in 1966. Immediately following her...

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