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DOCKEN v. CIBA-GEIGY

A8505-03039; CA A39177.

739 P.2d 591 (1987)

86 Or.App. 277

Catherine M. DOCKEN, Personal Representative of the Estate of Terry Vern Docken, Appellant, v. CIBA-GEIGY, a New York Corporation; Kaiser Foundation Health Plan of Oregon, Inc., an Oregon Corporation; Kaiser Foundation Hospitals, Inc.; a California Corporation Doing Business in Oregon; Northwest Permanente, P.C.; Tim Carey, M.D., Respondents.

Court of Appeals of Oregon.

Decided July 8, 1987.

Reconsideration Denied August 28, 1987.

Attorney(s) appearing for the Case

Mark M. McCulloch, Portland, argued the cause for appellant. With him on the briefs were Powers, McCulloch & Bennett and David Gernant, Portland.

Susan E. Watts, Portland, argued the cause for respondent Ciba-Geigy Corp. With her on the brief was Kennedy, King & Zimmer, Portland.

John R. Faust, Jr., Portland, argued the cause for respondents Kaiser Foundation Health Plan of Oregon, Inc., Kaiser Foundation Hospitals, Inc., Northwest Permanente, P.C., and Tim Carey, M.D. On the brief were Mildred J. Carmack and Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

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

WARDEN, Presiding Judge.

Plaintiff, personal representative of the estate of her deceased son, brought claims of negligence and strict product liability against the prescribing physician, pharmacy and manufacturer of a drug that allegedly caused her son's death. The claims were dismissed for failure to allege ultimate facts sufficient to constitute claims for relief, and plaintiff appeals. We reverse.

We summarize the facts as stated in the first amended complaint...

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