SHAUGHNESSY v. SPRAY

No. A7905-02395; CA 19275.

637 P.2d 182 (1981)

55 Or.App. 42

Nancy SHAUGHNESSY, Personal Representative of the Estate of Brian Shaughnessy, Deceased, Appellant, v. Charles SPRAY, M.D., Defendant, Smith, Kline & French Laboratories, a Division of Smith Kline Corporation, a Pennsylvania Corporation, and Eli Lilly and Company, an Indiana Corporation, Respondents.

Court of Appeals of Oregon, In Banc.

Decided December 7, 1981.

Resubmitted October 7, 1981.


Attorney(s) appearing for the Case

Dana R. Taylor, Portland, argued the cause and filed briefs for appellant.

Rick T. Haselton, Portland, argued the cause for respondent Smith, Kline & French Laboratories. With him on brief were Jerard S. Weigler, and Lindsay, Hart, Neil & Weigler, Portland.

Jeffrey M. Batchelor, Portland, argued the cause for respondent Eli Lilly and Co. With him on brief were James H. Clarke, James E. Bartels, and Spears, Lubersky, Campbell & Bledsoe, Portland.


Resubmitted In Banc October 7, 1981.

RICHARDSON, Judge.

Plaintiff appeals the trial court's dismissal of her action against two of the three defendants in this wrongful death case. She contends that the court erred in (1) dismissing her first amended complaint on the ground it was filed without leave of court or the adverse party's consent, in violation of ORCP 23A;1 and (2) dismissing...

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