MARSHALL v. KORPA

90-1545-L-1; CA A74211.

846 P.2d 445 (1993)

118 Or. App. 144

Bill MARSHALL and Betty Marshall, husband and wife, Appellants, v. Michael KORPA, D.O., Respondent.

Court of Appeals of Oregon.

Decided February 10, 1993.

Reconsideration Denied April 7, 1993.


Attorney(s) appearing for the Case

Hollis K. McMilan and Lynn R. Nakamoto, Portland, argued the cause for appellants. With them on the briefs was Markowitz, Herbold, Glade & Mehlhaf, P.C., Portland.

Daniel M. Holland, Eugene, argued the cause for respondent. With him on the brief was Loomis & Holland, Eugene.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.


EDMONDS, Judge.

Plaintiffs appeal from a summary judgment for defendant. ORCP 47C. The questions presented are whether plaintiffs' medical malpractice claims are barred by either issue preclusion or judicial estoppel, and whether the court erred when it excluded evidence pre-trial. We reverse.

According to the summary judgment record, defendant, who was plaintiff Bill Marshall's1 physician, prescribed certain medications to treat...

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