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FOXWORTH v. EMANUAL HOSPITAL

9109-05871; CA A78884.

883 P.2d 917 (1994)

131 Or. App. 110

Jaqualla FOXWORTH, a minor, by her Co-Guardians Ad Litem, Brian FOXWORTH and Janice Woods, Appellants, v. EMANUEL HOSPITAL & HEALTH CENTER, Defendants, and Robert K. Huston, M.D., and Northwest Newborn Specialists, P.C., a professional corporation, Respondents.

Court of Appeals of Oregon.

Decided October 26, 1994.

Review Denied January 24, 1995.

Attorney(s) appearing for the Case

Timothy J. Vanagas, Gresham, argued the cause for appellants. With him on the briefs were Michael S. Evans, Michael C. Zusman and Grenley, Rotenberg, Laskowski, Evans & Bragg, P.C., Portland.

Janet M. Schroer, Portland, argued the cause for respondents. With her on the brief were Mary K. VanderWeele and Hoffman, Hart & Wagner.

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

LEESON, Judge.

Plaintiff appeals from a judgment for physician defendants in a medical malpractice action, assigning error to the admission of evidence of a prior settlement between plaintiff and defendant hospital. We reverse.

In Holger v. Irish, 316 Or. 402, 414, 851 P.2d 1122 (1993), the Supreme Court held that usually "it is not proper to inform the jury concerning a plaintiff's remedies...

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