JONES v. SALEM HOSP.

85-2563; CA A44521.

762 P.2d 303 (1988)

93 Or.App. 252

Ronald Marvin JONES, by and through His Guardian Ad Litem, Joan A. Jones, Appellant, v. SALEM HOSPITAL; JOHN ALSEVER, M.D.; Robert Sproed, M.D.; J. Thomas, M.D.; W.L. Holly, M.D.; James K. Lace, M.D.; and James K. Lace, M.D., P.C., Respondents.

Court of Appeals of Oregon.

Decided October 5, 1988.

Reconsideration Denied November 25, 1988.


Attorney(s) appearing for the Case

Kathryn H. Clarke, Portland, argued the cause, for appellant. With her on the briefs was Robert D. Dames, Jr., Portland.

Keith J. Bauer, Salem, argued the cause, for respondent Salem Hospital. With him on the brief were Billy M. Sime and Parks & Bauer, Salem.

Mildred J. Carmack, Portland, argued the cause, for respondents John Alsever, M.D., and J. Thomas, M.D. With her on the brief were David K. Miller and Schwabe, Williamson & Wyatt, Portland.

Emil R. Berg, Portland, argued the cause, for respondent Robert Sproed, M.D. With him on the brief was Hallmark, Keating & Abbott, P.C., Portland.

Kim Jefferies, Portland, argued the cause, for respondents W.L. Holly, M.D., James K. Lace, M.D., and James K. Lace, M.D., P.C. On the brief were Barbara H. Thompson and Wood Tatum Mosser Brooke & Landis, Portland.

Before RICHARDSON, P.J., NEWMAN, J., and RIGGS, J. Pro Tem.


RICHARDSON, Presiding Judge.

Plaintiff in this medical malpractice action appeals from a judgment for the defendant hospital and physicians which was entered after the trial court granted defendants' motions to dismiss on the ground that the action was brought after the five-year qualified statute of ultimate repose had run. ORS 12.110(4) provides:

"An action to recover damages for injuries to the person arising from any medical, surgical or dental treatment...

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