REPP v. HAHN

No. A7611-15547; CA 13314.

609 P.2d 398 (1980)

45 Or.App. 671

Conrad REPP, Appellant, v. Charles R. HAHN, M.D., Defendant, and Sheldon Walker, M.D., Respondent.

Court of Appeals of Oregon.

Decided April 7, 1980.


Attorney(s) appearing for the Case

Richard P. Noble, Portland, argued the cause and filed the brief for appellant.

Bruce Spaulding, Portland, argued the cause for respondent. With him on the brief was Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland.

Before TANZER, P.J., and THORNTON and CAMPBELL, JJ.


CAMPBELL, Judge.

In this action for wrongful death, plaintiff appeals from a trial court order sustaining defendant Walker's demurrer to plaintiff's fourth amended complaint. The question is whether the action against Walker was filed "within three years after the occurrence of the injury causing the death of the decedent," ORS 30.020(1). We hold that the action was so filed and reverse and remand for further proceedings.

We take the facts from the complaint...

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