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SMITH v. PERNOLL

No. A7804-05907; CA 14972.

608 P.2d 590 (1980)

45 Or.App. 395

Cyndi SMITH, Appellant, v. M.L. PERNOLL, M.D., Miles Seeley, M.D., Richard Wopat, M.D., C. Conway, M.D., Ronald Marcum, M.D., Respondents.

Court of Appeals of Oregon.

Decided March 24, 1980.

Attorney(s) appearing for the Case

Kenneth D. Orcutt, Portland, argued the cause for appellant. With him on the briefs was Richard S. Mannis, Portland.

Karen H. Green, Asst. Atty. Gen., Salem, argued the cause for respondents. On the brief were James A. Redden, Atty. Gen., Walter L. Barrie, Sol. Gen., and James C. Rhodes, Asst. Atty. Gen., Salem.

Before JOSEPH, P.J., RICHARDSON, J., and SCHWAB, Chief Judge.

RICHARDSON, Judge.

This is a civil suit alleging malpractice against defendant doctors, who are employes of the State of Oregon. The issue is whether the plaintiff must present notice of the tort claim within 180 days of its occurrence under ORS 30.2751 when the state employes are sued individually but the state is not joined as a defendant.

Plaintiff's cause of action arises out of allegedly negligent surgery performed by defendants...

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