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GASTON v. PARSONS

Nos. 9011-07199; CA A71991.

844 P.2d 941 (1993)

117 Or. App. 555

Timothy M. GASTON, Appellant, v. William R. PARSONS, M.D. and William E. Coit, M.D., Respondents, and Good Samaritan Hospital and Medical Center, an Oregon corporation, Defendant.

Court of Appeals of Oregon.

Decided January 6, 1993.

Reconsideration Denied April 7, 1993.

Attorney(s) appearing for the Case

J. Michael Alexander, Salem, argued the cause for appellant. With him on the briefs were Burt, Swanson, Lathen, Alexander & McCann, P.C., Salem, and William Gaylord and Gaylord & Eyerman, Portland.

David C. Landis, Portland, argued the cause for respondent William E. Coit, M.D. With him on the brief was Wood, Tatum, Mosser, Brooke & Landis, Portland.

Janet M. Schroer, Portland, argued the cause for respondent William R. Parsons, M.D. With her on the brief was Schwabe, Williamson & Wyatt, Portland.

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

EDMONDS, Judge.

In this medical malpractice case, plaintiff appeals from a summary judgment for defendants.1 The trial court concluded, as a matter of law, that the action is time-barred under ORS 12.110(4). Plaintiff argues that summary judgment is improper, because there is a genuine issue of material fact. ORCP 47C. We reverse.

The uncontroverted summary judgment record indicates that, before seeking medical attention from defendants...

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