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POUNDS v. HOLY ROSARY MEDICAL CENTER

91-04-24-090; CA A76172.

872 P.2d 437 (1994)

127 Or. App. 221

Lance POUNDS, a Minor, By and Through Marlow POUNDS, his guardian ad litem, Appellant, v. HOLY ROSARY MEDICAL CENTER, an Oregon non-profit corporation, Defendant, and John D. Sigurdson, Respondent.

Court of Appeals of Oregon.

Decided April 13, 1994.

Attorney(s) appearing for the Case

Graham Walker, Portland, argued the cause for appellant. With him on the briefs was C. Richard Noble, West Linn.

Janet M. Schroer, Portland, argued the cause for respondent. With her on the brief was Hoffman, Hart & Wagner.

Before ROSSMAN, P.J., and De MUNIZ and LEESON, JJ.

LEESON, Judge.

In this medical malpractice action, plaintiff appeals a judgment for defendant following a jury trial. We reverse.

Plaintiff is an infant who was injured during birth. He brought claims, through his guardian ad litem, against the hospital and defendant, his mother's obstetrician. The hospital settled with plaintiff before trial, and the complaint was amended to delete any reference to that claim.

Plaintiff made a pretrial motion...

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