OKSENHOLT v. LEDERLE LABORATORIES

No. A7808-13974; CA 16160.

625 P.2d 1357 (1981)

51 Or.App. 419

Erling OKSENHOLT, Appellant, v. LEDERLE LABORATORIES, a Division of American Cyanamid Corporation, a New York Corporation, Respondent.

Court of Appeals of Oregon.

Decided March 30, 1981.

Reconsideration Denied May 7, 1981.


Attorney(s) appearing for the Case

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

E. Richard Bodyfelt, Portland, argued the cause for respondent. With him on brief were Peter R. Chamberlain and Bodyfelt, Mount & Stroup, Portland.

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


GILLETTE, Presiding Judge.

In this action by the plaintiff physician against the defendant manufacturer of a prescription drug, the trial court sustained defendant's motion to strike plaintiff's complaint, without leave to plead further, on the express ground that the damages which plaintiff sought to recover were not cognizable under Oregon law under the causes of action pleaded. Plaintiff appeals from the subsequent judgment for the defendant. We reverse.

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