EMANUEL HOSPITAL v. MULTNOMAH COUNTY

CC A8810-05358; CA A63375; SC S38926.

840 P.2d 62 (1992)

314 Or. 404

EMANUEL HOSPITAL, an Oregon nonprofit corporation, Respondent on Review, v. MULTNOMAH COUNTY, Petitioner on Review, and City of Portland, Respondent on Review.

Supreme Court of Oregon, In Banc.

Decided October 22, 1992.


Attorney(s) appearing for the Case

H.H. Lazenby, Jr., Asst. County Counsel, Portland, argued the cause and filed the petition for petitioner on review. With him on the petition was Laurence Kressel, County Counsel for Multnomah County, Portland.

Jeffrey M. Batchelor, of Lane Powell Spears Lubersky, Portland, argued the cause for respondent on review Emanuel Hospital.

Thomas R. Williams, Sr. Deputy City Atty., City of Portland, waived oral argument for respondent on review City of Portland.

Paul Snider, Legal Counsel, Ass'n of Oregon Counties, Salem, and John B. Leahy, of Williams, Fredrickson, Stark & Weinsensee, P.C., Portland, filed a brief on behalf of amicus curiae Ass'n of Oregon Counties.


PETERSON, Justice.

Emanuel Hospital (Emanuel) brought this action against the City of Portland (Portland) (under ORS 30.795) and Multnomah County (under ORS 169.165, 169.140, and 169.150) to recover expenses for medical treatment of three patients (Chilson, Hartse, and Seymour). The trial court granted Emanuel's motion for partial summary judgment, deciding that all three patients were in the custody of Portland law enforcement officers (under ORS 30.795) and the...

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