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STEPHENS v. BOHLMAN

881548; CA A63947.

813 P.2d 43 (1991)

107 Or.App. 533

Geraldine STEPHENS, Personal Representative for the Estate of Pamela Jennings, Deceased, Appellant, v. John BOHLMAN, M.D.; Karl Ordelheide, M.D.; and North Lincoln Hospital, Respondents.

Court of Appeals of Oregon.

Decided June 12, 1991.

Reconsideration Denied August 14, 1991.

Attorney(s) appearing for the Case

J. Michael Alexander, Salem, argued the cause for appellant. With him on the briefs was Burt, Swanson, Lathen, Alexander & McCann, Salem.

Keith J. Bauer, Salem, argued the cause for respondent North Lincoln Hosp. With him on the brief were Billy M. Sime and Parks, Bauer & Sime, Salem.

No appearance by respondents John Bohlman, M.D., and Karl Ordelheide, M.D.

Before WARREN, P.J., JOSEPH, C.J., and EDMONDS, J.

WARREN, Presiding Judge.

Plaintiff, as personal representative of the estate of Pamela Jennings, brought this wrongful death action against North Lincoln Hospital (defendant).1 The trial court granted defendant's motion for summary judgment on the ground that plaintiff had not given a tort claim notice within one year, as required by 30.275(2)(a). Plaintiff appeals, and we reverse.

We relate the facts in the light most favorable...

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