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STUMPF v. EIDEMILLER

A8202-01192; CA A44575.

767 P.2d 77 (1989)

94 Or.App. 576

William H. STUMPF, Personal Representative of the Estate of Elizabeth J. Stumpf, Deceased; and William H. Stumpf, Individually, Respondents, v. Larry R. EIDEMILLER, M.D., and Surgical Associates, P.C., an Oregon Professional Corporation, Defendants, Carl E. Stiff, M.D., and Milwaukie Women's Clinic, P.C., an Oregon Professional Corporation, Respondents, and Continental Casualty Company, an Illinois Corporation, Garnishee-Appellant.

Court of Appeals of Oregon.

Decided January 11, 1989.

Attorney(s) appearing for the Case

Emil R. Berg, Portland, argued the cause for garnishee-appellant. With him on the briefs were Gary V. Abbott, William G. Earle, and Hallmark, Griffith & Keating, P.C., Portland.

Richard P. Noble, Lake Oswego, argued the cause for respondents William H. Stumpf, Personal Representative of the Estate of Elizabeth J. Stumpf, deceased; and William H. Stumpf, individually.

Garry L. Kahn, P.C., Portland, argued the cause for respondents Carl E. Stiff, M.D., and Milwaukie Women's Clinic, P.C., an Oregon professional corporation. With him on the brief was Emerson G. Fisher, Portland.

Before RICHARDSON, P.J., JOSEPH, C.J., and DEITS, J.

JOSEPH, Chief Judge.

In this garnishment action, Continental Casualty Company (Continental), the garnishee, appeals from a judgment awarding plaintiff $300,000.

Plaintiff had a judgment for $3 million on a medical malpractice claim. Continental controlled that litigation and appealed the judgment for its insured. We affirmed without opinion. 76 Or.App. 403, 708 P.2d 1211 (1985), rev. den. 300 Or. 562, 715 P.2d 94 (1986). Plaintiff then moved in this...

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