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HEFTY v. COMPREHENSIVE CARE CORPORATION

TC Nos. 16-85-05306, 16-85-07732; CA A44372 (Control), CA A44383; (Cases Consolidated) SC S35146.

766 P.2d 1026 (1988)

307 Or. 247

Kimberly Jo HEFTY, Petitioner On Review, v. COMPREHENSIVE CARE CORPORATION, a Delaware Corporation, Respondent On Review. Robert and Karen Hefty, Petitioners On Review, v. Comprehensive Care Corporation, a Delaware Corporation, Respondent On Review.

Supreme Court of Oregon.

Decided December 28, 1988.

Attorney(s) appearing for the Case

Robert G. Ringo, Corvallis, argued the cause for petitioners on review, and filed a memorandum in response to the court's request. On the petition was Patrick L. Hadlock, Corvallis. Also on the petition and memorandum was Ringo & Stuber, P.C., Corvallis.

Emil R. Berg, Portland, argued the cause for respondent on review. With him on the response to the petition for review and memorandum in response to the court's request was Hallmark, Keating & Abbott, P.C., Portland.

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

CARSON, Justice.

In this negligence action, we must decide whether plaintiffs may submit their allegations of defendant's negligence to the trier of fact. Because the trial court granted defendant's motions1 for summary judgment, we review the record in the light most favorable to plaintiffs, mindful that defendant must show that there are no genuine issues of material fact and that defendant is entitled to judgment as a matter of law...

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