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PEREZ v. BAY AREA HOSPITAL

CC 89 CV 0685; CA A66877; SC S39242.

846 P.2d 405 (1993)

315 Or. 474

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

Supreme Court of Oregon, In Banc.

Decided March 4, 1993.

Attorney(s) appearing for the Case

Robert E. Bluth, of Frohnmayer, Deatherage, Pratt, Jamieson & Turner, P.C., Medford, argued the cause for petitioner on review. With him on the petition was W.V. Deatherage, Medford.

No appearance contra.

John T. Bagg, Asst. Atty. Gen., Salem, filed a brief on behalf of amicus curiae State of Or. With him on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

GRABER, Justice.

This case raises the question whether the notice period prescribed by ORS 30.2751 in regard to a claim by a minor child against a public body is tolled pending the appointment of a guardian ad litem of the child. We answer that question "no."

The facts material to our decision are not disputed. On January 27, 1988, plaintiff took her seven-year-old daughter to the

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