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CAIN v. RIJKEN

CC 8102-00699; CA A29835; SC S31950.

717 P.2d 140 (1986)

300 Or. 706

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

Supreme Court of Oregon, In Banc.

Decided April 8, 1986.

Attorney(s) appearing for the Case

Paul R. Duden, of Tooze, Marshall, Shenker, Holloway & Duden, Portland, argued the cause, for petitioner on review. With him on petition were Eric J. Neiman and Montgomery W. Cobb, Portland.

Larry W. Stuber of Ringo & Stuber, P.C., Corvallis, argued the cause, for respondent on review.

JONES, Justice.

This is a wrongful death claim brought by James G. Cain's personal representative after Cain was killed when his automobile collided with an automobile driven by Paul Rijken.1 Plaintiff alleges that defendant Providence Medical Center (Providence) negligently failed to supervise or control Rijken and failed to warn the Psychiatric Security Review Board (PSB)2 that Rijken

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