BROWNING v. GRAHAM

No. A7711-16651; CA 15218.

611 P.2d 348 (1980)

46 Or.App. 311

Diane M. BROWNING, M.D., Respondent, v. Cecil GRAHAM and Louise Graham, Appellants.

Court of Appeals of Oregon.

Decided May 27, 1980.


Attorney(s) appearing for the Case

Elizabeth L. Perris, Portland, argued the cause for appellants. With her on the briefs was McMenamin, Joseph, Herrell & Babener, Portland.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before RICHARDSON, P.J., THORNTON and BUTTLER, JJ., and HOWELL, J. Pro Tem.


THORNTON, Judge.

This is an appeal from an order of the circuit court granting an involuntary nonsuit on defendants' counterclaims which alleged negligent and intentional infliction of mental distress. Plaintiff's complaint which sought to collect $100 owed by defendants was dismissed. We affirm.

The essential facts are as follows:

Defendants are the paternal grandparents of two children whose mother was murdered under circumstances set forth in

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