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SMITH v. PERNOLL

No. A7804-05907; CA 14972; SC 26998.

628 P.2d 729 (1981)

291 Or. 67

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

Supreme Court of Oregon, In Banc.

Decided May 27, 1981.

Attorney(s) appearing for the Case

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

PETERSON, Justice.

This is a civil action alleging a cause of action against defendant doctors arising from their treatment of the plaintiff in 1976. Plaintiff's amended complaint does not allege that the doctors were employees of the state of Oregon. Defendants answered and affirmatively alleged that the defendants were employed at the University of Oregon Health Sciences Center, were employees of the state of Oregon, and that no notice of claim had been given, as...

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