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BRANCH v. HENSGEN

A8208-04816; CA A38355.

752 P.2d 1275 (1988)

90 Or.App. 528

Clarlisa A. BRANCH, Appellant — Cross-Respondent, v. Charles M. HENSGEN, M.D., Respondent — Cross-Respondent — Cross-Appellant, Wyeth Laboratories, a Division of American Home Products Corporation, a Delaware Corporation, Respondent — Cross-Appellant — Cross-Respondent, and H. Gary Wright, M.D.; E.R. Squibb & Sons, Inc., a New Jersey Corporation; and State of Oregon (Oregon State University), Cross-Respondents.

Court of Appeals of Oregon.

Decided April 20, 1988.

Attorney(s) appearing for the Case

Richard P. Noble, Portland, argued the cause, for appellant — cross-respondent Clarlisa A. Branch. With him on the briefs were Kathryn H. Clarke and Richard P. Noble, P.C., Portland.

Kim Jefferies, Portland, argued the cause, for respondent — cross-respondent — cross-appellant Charles M. Hensgen, M.D. With her on the briefs were David C. Landis and Wood, Tatum, Mosser, Brooke & Landis, Portland.

Ridgway K. Foley, Jr., P.C., Portland, argued the cause, for respondent — cross-appellant — cross-respondent Wyeth Laboratories. With him on the briefs were Kenneth D. Renner, Cecilia Lee, and Schwabe, Williamson & Wyatt, Portland.

Ralph C. Spooner and Spooner & Much, P.C., Salem, filed the brief, for cross-respondent E.R. Squibb & Sons, Inc.

No appearance by cross-respondents H. Gary Wright, M.D., and State of Or.

Before WARDEN, P.J., and WARREN and ROSSMAN, JJ.

WARREN, Judge.

Plaintiff appeals a judgment in favor of defendants in this action to recover damages for medical malpractice and failure to warn of the dangers associated with the administration of penicillin. There were two proceedings. The first, dealing strictly with the Statute of Limitations issue, was decided in plaintiff's favor. In the second, the jury found in favor of the defendants on the merits. Plaintiff appeals the judgment on the merits; defendants...

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