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LUCHINI BY AND THROUGH LUCHINI v. HARSANY

A8710-06584; CA A47760.

779 P.2d 1053 (1989)

98 Or.App. 217

ALEXIS C. LUCHINI, BY AND THROUGH Her Conservator, Marilynn S. Luchini, Appellant, v. Robert M. HARSANY, M.D. and Robert M. Harsany, M.D., P.C., an Oregon Professional Corporation, Respondents, and Allen K. Chappell, M.D.; and Allen K. Chappell, M.D., P.C., an Oregon Professional Corporation, Defendants.

Court of Appeals of Oregon.

Decided September 6, 1989.

Attorney(s) appearing for the Case

Richard P. Noble, Lake Oswego, argued the cause for appellant. With him on the briefs was Kathryn H. Clarke, Portland.

Emil R. Berg, Portland, argued the cause for respondents. With him on the brief was Hallmark, Keating & Abbott, P.C., Portland.

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

WARREN, Judge.

In this medical malpractice case, plaintiff challenges the trial court's granting of a motion to dismiss by defendants Harsany and Harsany's professional corporation (defendants). Plaintiff is the conservator of the protected party and real party in interest, Alexis Luchini.1 We reverse.

Harsany, an obstetrician, delivered Alexis in May, 1984. Plaintiff claims that Alexis was injured by defendants' negligence during...

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