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MOSLEY v. OWENS

(L88-1583; CA A63738).

816 P.2d 1198 (1991)

108 Or.App. 685

David MOSLEY and Shirley Mosley, Respondents, v. David OWENS, M.D., Appellant.

Court of Appeals of Oregon.

Decided September 11, 1991.

Attorney(s) appearing for the Case

George A. Burgott, Eugene, argued the cause, for appellant. With him on the briefs, were Darst B. Atherly and Atherly, Butler & Burgott, Eugene.

John Paul Graff, Salem, argued the cause, for respondents. With him on the brief, was Gatti, Gatti & Maier, Salem.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.

ROSSMAN, Judge.

This is a medical malpractice action in which the jury returned a substantial verdict in favor of plaintiff and his wife.1 Defendant appeals on the ground that, contrary to Oregon's "locality rule," ORS 677.095,2 plaintiff's expert witness was not familiar with the customary medical practices of specialists in Roseburg or a similar community, and therefore was not competent to testify as a medical...

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