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ZACHER v. PETTY

A8602-00863; CA A40577.

738 P.2d 234 (1987)

86 Or.App. 225

Carroll Ann ZACHER, Appellant, v. William M. PETTY, M.D., Gynecology Clinic, P.C., an Oregon Corporation, Defendants, and David M. Cook, M.D., George Robie, M.D., and the State of Oregon, by and through the Oregon Health Sciences University, Respondents.

Court of Appeals of Oregon.

Decided July 1, 1987.

Attorney(s) appearing for the Case

Martin Sharp and Larson and Sharp, Gresham, filed the brief for appellant.

Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Robert M. Atkinson, Asst. Atty. Gen., Salem, filed the brief for respondents.

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

PER CURIAM.

Plaintiff's claim is for damages for medical negligence. The trial court granted the motion of defendants Cook, Robie and the State of Oregon to dismiss pursuant to ORCP 21 A(9), because the action was not commenced "within two years after the alleged loss or injury" as required by ORS 30.275(8), and an ORCP 67 B judgment was entered in favor of those defendants. Plaintiff appeals.

The state agrees on behalf of all of the respondents that the judgment...

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