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O'GARA v. KAUFMAN

84-4438-J-2; CA A36295 [control]; 84-4508-J-2; CA A36296.

726 P.2d 403 (1986)

81 Or. App. 499

James O'GARA, Personal Representative of the estate of Maureen O'Gara, Deceased, Appellant, v. Robert G. KAUFMAN, M.D.; John J. Ptacek, M.D.; Yale Sacks, M.D., Respondents, Harry L. Walters, M.D.; Richard D. O'Toole, M.D.; Rogue Valley Medical Center, an Oregon corporation, dba Rogue Valley Memorial Hospital; and Sisters of Providence in Oregon, an Oregon corporation, dba Providence Hospital, Medford, Oregon, Defendants. James O'GARA, Appellant, v. Robert G. KAUFMAN, M.D.; John J. Ptacek, M.D.; Yale Sacks, M.D. Respondents, Harry L. Walters, M.D.; Richard D. O'Toole, M.D.; Rogue Valley Medical Center, an Oregon corporation, dba Rogue Valley Memorial Hospital; and Sisters of Providence in Oregon, an Oregon corporation, dba Providence Hospital, Medford, Oregon, Defendants.

Court of Appeals of Oregon.

Decided October 8, 1986.

Attorney(s) appearing for the Case

Claud Ingram, Eugene, argued the cause for appellant. With him on the brief was Bick & Monte, P.C., Eugene.

Vicki Hopman Yates, Portland, argued the cause for respondent Kaufman. With her on the brief was Landis, Bailey & Mercer, P.C., Portland.

Ridgway K. Foley, Jr., Portland, argued the cause for respondents Ptacek and Sacks. With him on the brief were Schwabe, Williamson, Wyatt, Moore & Roberts, Portland, and William E. Duhaime and Brophy, Wilson & Duhaime, Medford.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

YOUNG, Judge.

This is a consolidated appeal of an action by Maureen O'Gara for medical malpractice and an action by her husband James O'Gara for loss of consortium.1 The trial court granted motions by defendants Kaufman, Ptacek and Sacks to dismiss the complaint in both actions on the ground that the actions are time-barred under ORS 12.110(4). Judgments were entered in each action in favor of all those defendants pursuant to ORCP 67B...

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