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BANDA v. DANNER

A8401-00096; CA A40303.

741 P.2d 514 (1987)

87 Or.App. 69

Jose BANDA, Jr., by and through Sylvia Banda, His Guardian Ad Litem, Appellant, v. William B. DANNER, M.D.; State of Oregon; and David Loper, Defendants, and Umatilla Hospital District No. 1, Respondent.

Court of Appeals of Oregon.

Decided August 26, 1987.

Reconsideration Denied November 6, 1987.

Attorney(s) appearing for the Case

Richard P. Noble, Portland, argued the cause for appellant. With him on the brief was Kathryn H. Clarke, Portland.

Lee S. Aronson, Portland, argued the cause for respondent. With him on the brief were James C. Carter and Holmes, DeFrancq & Schulte, Portland.

Before WARDEN, P.J., JOSEPH, C.J., and VAN HOOMISSEN, J.

WARDEN, Presiding Judge.

Plaintiff1 appeals from a summary judgment for defendant Umatilla Hospital District No. 1 (defendant) in this action for medical malpractice brought under the Oregon Tort Claims Act (OTCA). She asserts that defendant was negligent concerning the birth of her son Jose.2 Defendant is a public body under the OTCA. The trial court held that plaintiff had neither filed a notice of claim...

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