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O'BRIEN v. STATE

8802-00742; CA A60568.

799 P.2d 171 (1990)

104 Or.App. 1

Diana G. O'BRIEN, Appellant, v. STATE of Oregon, Respondent.

Court of Appeals of Oregon, In Banc.

Resubmitted September 12, 1990.

Decided October 17, 1990.

Attorney(s) appearing for the Case

Kathryn H. Clarke, Portland, argued the cause and filed the opening brief, for appellant. With her on the reply brief, was D. Lawrence Wobbrock, Portland.

John T. Bagg, Asst. Atty. Gen., Salem, argued the cause, for respondent. With him on the brief, were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Resubmitted In Banc September 12, 1990.

RICHARDSON, Judge.

Plaintiff brought this medical malpractice action under the Oregon Tort Claims Act (OTCA), ORS 30.260 to ORS 30.300, for injuries that she allegedly sustained at the Oregon Health Sciences University (OHSU). The trial court dismissed her complaint1 on the ground that ORS 12.110(4), the five-year statute of ultimate repose for malpractice actions, barred her claim. We reverse...

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