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O'BRIEN v. STATE OF OREGON

CC 8802-00742; CA A60568; SC S37732.

826 P.2d 633 (1992)

312 Or. 672

Diana G. O'BRIEN, Respondent On Review, v. STATE OF OREGON, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided February 20, 1992.

Reconsideration Denied March 24, 1992.

Attorney(s) appearing for the Case

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

Kathryn H. Clarke, Portland, argued the cause and filed the response to the petition for respondent on review.

PER CURIAM.

Plaintiff brought this action for medical malpractice against the State of Oregon for injuries that she allegedly sustained while a patient at the Oregon Health Sciences University. On the state's motion, the trial court dismissed the claim as time-barred under ORS 12.110(4), which contains a five-year statute of ultimate repose for medical malpractice actions. The Court of Appeals reversed, holding that ORS 30...

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