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DUNCAN v. AUGTER

No. 76-218-L; CA A21819.

661 P.2d 83 (1983)

62 Or.App. 250

Jeanne A. DUNCAN, Appellant-Cross-Respondent, v. Eugene F. AUGTER, Respondent-Cross-Appellant.

Court of Appeals of Oregon.

Decided March 16, 1983.

Reconsideration Denied April 29, 1983.

Attorney(s) appearing for the Case

William H. Ferguson, Medford, argued the cause for appellant-cross-respondent. With him on the briefs was Grant, Ferguson & Carter, Medford.

Hugh B. Collins, Medford, argued the cause and filed the briefs for respondent-cross-appellant.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

WARREN, Judge.

Plaintiff commenced this medical malpractice action in 1976, seeking damages for injuries resulting from surgery performed by defendant in 1968. Defendant demurred, alleging that the claim was barred by the applicable statute of limitations, ORS 12.110(4). The trial court overruled the demurrer, and trial resulted in a verdict for plaintiff. The Supreme Court reversed, holding that the demurrer should have been sustained. Duncan v. Augter,

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