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CHASE v. SCHLEUNING II

A8506-03464; CA A38129.

729 P.2d 14 (1986)

83 Or.App. 149

Donna Jean CHASE, Appellant, v. A.J. SCHLEUNING II, Md, Respondent.

Court of Appeals of Oregon.

Decided December 17, 1986.

Reconsideration Denied February 27, 1987.

Attorney(s) appearing for the Case

David K. Allen, Portland, argued the cause and filed the brief for appellant.

Linda DeVries Grimms, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

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

PER CURIAM.

In this medical malpractice case, defendant's motion to dismiss was granted, because defendant was an employe of the Oregon Health Sciences University and was in the course and scope of his employment at the time when he performed the allegedly negligent surgery on plaintiff and plaintiff had not given the notice required by ORS 30.275. Plaintiff contends that that notice requirement violates the Equal Privileges provision (Article I, section 20) of the...

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