ASHER v. HALD

87-1834-J-2; CA A48989.

788 P.2d 468 (1990)

100 Or.App. 630

Jerry ASHER, Appellant, v. Christian HALD, M.D., Respondent.

Court of Appeals of Oregon.

Decided March 7, 1990.


Attorney(s) appearing for the Case

Thomas J. Reeder, Medford, argued the cause and filed the briefs, for appellant.

Larry B. Workman, Medford, argued the cause for respondent. With him on the brief was Frohnmayer, Deatherage, Pratt, Jamieson & Turner, P.C., Medford.

Before GRABER, P.J., and RIGGS and EDMONDS, JJ.


RIGGS, Judge.

In this medical malpractice case, plaintiff appeals from a summary judgment entered in favor of defendant doctor. The trial court concluded that the action was time-barred under ORS 12.110(4) as a matter of law. Plaintiff argues that the trial court erred because there is a genuine issue of material fact. ORCP 47 C. We reverse.

Plaintiff testified in a deposition that defendant surgically removed a Iymph node from his neck on October 22, 1981...

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