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SCULACE v. ROGERS

No. A7711-15661; CA 15296.

619 P.2d 1316 (1980)

49 Or.App. 433

Doris V. SCULACE, Appellant-Cross-Respondent, v. Richard C. ROGERS, M.D., Michael Henry, M.D., P.C., a Corporation, and Sisters of Providence in Oregon Dba Providence Hospital, a Corporation, Respondents-Cross-Appellants.

Court of Appeals of Oregon.

Decided November 24, 1980.

Attorney(s) appearing for the Case

Stephen R. Frank, Portland, argued the cause for respondent-cross-appellant Sisters of Providence in Oregon dba Providence Hospital, a corporation. On the brief were Paul R. Duden, Tooze, Kerr, Marshall & Shenker, Landis, Aebi & Bailey, David C. Landis and James M. Callahan, Portland.

James B. Griswold, Portland, argued the cause for appellant-cross-respondent. With him on the briefs was Green & Griswold, Portland.

David C. Landis, Portland, argued the cause for respondent-cross-appellant Richard C. Rogers, M.D. With him on the brief were Landis, Aebi & Bailey, James M. Callahan, Paul R. Duden, and Tooze, Kerr, Marshall & Shenker, Portland.

Bruce Spaulding, Portland, argued the cause for respondent-cross-appellant Michael Henry, M.D., P.C. With him on the brief was Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

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

CAMPBELL, Judge.

Plaintiff filed this medical malpractice action against defendants seeking damages for injuries she suffered while undergoing surgery. Trial was held, and the jury by special verdict found that plaintiff did not file her complaint within the time required by law. The central issue on appeal is whether plaintiff has preserved her claim of error that the jury was not properly instructed regarding the applicable statute of limitations, ORS 12.110(4)...

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