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CAIN v. RIJKEN

A8102-00699, CA A29835.

700 P.2d 1061 (1985)

74 Or.App. 76

James H. CAIN, Personal Representative of the Estate of James Gordon Cain, Deceased, Appellant, v. Paul RIJKEN and State of Oregon, Defendants, and Sisters of Providence, Doing Business As Providence Medical Center, Respondent.

Court of Appeals of Oregon.

Decided June 5, 1985.

Reconsideration Denied August 2, 1985.

Attorney(s) appearing for the Case

Larry W. Stuber, Corvallis, argued the cause for appellant. With him on the briefs was Ringo, Walton & Eves, P.C., Corvallis.

Paul R. Duden, Portland, argued the cause for respondent. With him on the brief were Eric J. Neiman, and Tooze Kerr Marshall & Shenker, Portland.

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

ROSSMAN, Judge.

This is a wrongful death claim brought by the personal representative of the decedent, who was killed in an auto accident involving defendant Paul Rijken.1 At that time Rijken was on conditional release to the Day Treatment Program of defendant Providence Medical Center (Providence) from the Psychiatric Security Review Board (PSRB). Summary judgment was granted to Providence....

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