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ROE v. PIERCE

CC 8707-91551; CA A51010; SC S37355.

832 P.2d 1226 (1992)

313 Or. 228

In the Matter of the Estate of Robert Leo Roe, Deceased. Carolyn ROE, individually and as Personal Representative of the Estate of Robert Leo Roe, Deceased, Respondent on Review, v. Paula Sue PIERCE, Kevin Michael Arrington, David William Arrington, and Rebecca L. Moore, Petitioners on Review.

Supreme Court of Oregon.

Decided May 21, 1992.

Attorney(s) appearing for the Case

James A. Cox, Lake Oswego, argued the cause for petitioners on review. With him on the petition were Christopher B. Rounds and Cox & Peterson, Lake Oswego.

Richard P. Noble, Lake Oswego, argued the cause for respondent on review.

Before PETERSON, C.J., and CARSON, GILLETTE, VAN HOOMISSEN, FADELEY and UNIS, JJ.

UNIS, Justice.

This action involves a challenge to the judicial approval of the apportionment of settlement proceeds from a medical malpractice action. The malpractice action was begun by Robert Leo Roe for personal injury. His wife, Mrs. Carolyn Roe, joined the action, asserting claims for loss of consortium. After Roe died, Mrs. Roe continued the action as personal representative of his estate and also brought a wrongful death claim. The claims were ultimately settled...

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