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BAXTER v. ZELLER

No. A7804 06515; CA 13364.

601 P.2d 902 (1979)

42 Or.App. 873

Louis BAXTER, Personal Representative of the Estate of Zoe A. Oliver, Deceased, Appellant, v. Werner E. ZELLER, M.D., and Woodland Park Hospital, an Oregon Corporation, Respondents.

Court of Appeals of Oregon.

Decided October 29, 1979.

Attorney(s) appearing for the Case

Robert R. Schneider, Portland, argued the cause for appellant. With him on the brief was James M. Pippin, Portland.

Elizabeth K. Reeve, Portland, argued the cause for respondent Werner E. Zeller, M.D. With her on the brief were Souther, Spaulding, Kinsey, Williamson & Schwabe, Ridgway K. Foley, Jr., and Mark H. Wagner, Portland.

Margaret H. Leek Leiberan, Portland, argued the cause for respondent Woodland Park Hospital. With her on the brief were Lang, Klein, Wolf, Smith, Griffith & Hallmark and Robert M. Keating, Portland.

Before BUTTLER, P.J., and GILLETTE, and ROBERTS, JJ.

GILLETTE, Judge.

Plaintiff, personal representative of the estate of Zoe A. Oliver, filed this wrongful death action seeking to recover damages suffered by the decedent's estate and her beneficiaries as a result of the alleged negligence of the defendants, Werner E. Zeller, M.D., and Woodland Park Hospital. The trial court sustained demurrers of both defendants and entered judgments against plaintiff based upon the running of the statute of limitations for medical...

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