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AETNA CASUALTY & SURETY CO. v. OHSU

A8801-00185; CA A48659.

773 P.2d 1320 (1989)

96 Or.App. 292

The AETNA CASUALTY & SURETY CO., a Connecticut Corporation, Appellant, v. OREGON HEALTH SCIENCES UNIVERSITY AND THE STATE OF OREGON, Respondents.

Court of Appeals of Oregon.

Decided May 3, 1989.

Attorney(s) appearing for the Case

George W. McKallip, Jr., Portland, argued the cause for appellant. With him on the briefs was Kennedy, King & Zimmer, Portland.

Rives Kistler, Asst. Atty. Gen., Salem, argued the cause for respondents. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before JOSEPH, C.J., and ROSSMAN and GRABER, JJ.

JOSEPH, Chief Judge.

Aetna Casualty and Surety Company (Aetna) appeals the dismissal of its complaint for failure to state a claim. ORCP 21. It brought the action as the purported subrogee of Shriners Hospital for Crippled Children (Shriners) and Dr. Hermens. It seeks to recover from Oregon Health Sciences University (OHSU) and the state what it had paid to settle a medical malpractice case against OHSU, Shriners and Hermens. We affirm.

Hermens was a resident...

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