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SALEM HOSP. v. MARION COUNTY

TC 144,940; CA A39053; SC S35088, S35089.

766 P.2d 376 (1988)

307 Or. 213

SALEM HOSPITAL, an Oregon Nonprofit Corporation, Petitioner/Cross-Respondent On Review, v. MARION COUNTY, a County of the State of Oregon, Respondent/Cross-Petitioner On Review, Charles Foster, Marion County Sheriff, Respondent On Review, and Thomas Eldridge Lawrence, Defendant (below), and State of Oregon Corrections Division, Respondent On Review.

Supreme Court of Oregon.

Reconsideration Denied February 14, 1989.

Decided December 20, 1988.

Attorney(s) appearing for the Case

Erik Larson, Blair, MacDonald, Jensen, Pagel & Larson, Salem, argued the cause and filed the petition and response for petitioner/cross-respondent on review Salem Hosp.

Robert C. Cannon, Marion County Legal Counsel, Salem, argued the cause and filed the petition for respondent/cross-petitioner on review Marion County, and respondent on review Charles Foster.

John Reuling, Jr., Asst. Atty. Gen., Salem, argued the cause for respondent on review State of Or. Corrections Div.

Before PETERSON, C.J., LINDE, CAMPBELL, CARSON, JONES and GILLETTE, JJ., and VAN HOOMISSEN, J. Pro Tem.

VAN HOOMISSEN, Justice Pro Tem.

The question is whether the Oregon Corrections Division (Division), or Marion County and Sheriff Foster (County), or both, are liable to Salem Hospital (Hospital) for the cost of emergency medical care which Hospital provided to defendant Lawrence.1 The trial court held that Division is liable. The Court of Appeals disagreed, holding that County is liable. Salem Hospital v. Marion County, ...

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