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PEREZ v. BAY AREA HOSP.

89 CV 0685; CA A66877.

829 P.2d 700 (1992)

112 Or. App. 288

Christina Marie PEREZ, a minor child, by and through her guardian ad litem Julie YON, and Julie Yon, individually, Appellants, v. BAY AREA HOSPITAL; Pat Perry Stadden; Children's Services Division, Department of Human Resources, State of Oregon; and Alan Nickerson, Respondents, and Does 1-20, Defendants.

Court of Appeals of Oregon.

Decided April 8, 1992.

Attorney(s) appearing for the Case

John C. Babin, Brookings, filed the briefs for appellants.

Robert E. Bluth, Medford, argued the cause for respondents Nickerson and Bay Area Hosp. With him on the briefs were William V. Deatherage and Frohnmayer, Deatherage, Jamieson & Turner, P.C., Medford.

John T. Bagg, Asst. Atty. Gen., Salem, argued the cause for respondents Stadden and Children's Services Div. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

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

ROSSMAN, Judge.

In this negligence action under the Oregon Tort Claims Act (OTCA), plaintiffs1 appeal summary judgments entered in favor of defendants.2 We affirm in part and reverse in part.

On January 27, 1988, Julie Yon took her seven-year old daughter, Christina Perez, to the emergency room at Bay Area Hospital in Coos Bay. The physician on duty, Dr. Gabert, diagnosed the child's condition as a...

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