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ZEHR v. HAUGEN

CC 16-91-01871; CA A71334; SC S40590 (Control), S40644.

871 P.2d 1006 (1994)

318 Or. 647

Brian ZEHR and Jonni Zehr, husband and wife, Respondents on Review, v. Richard D. HAUGEN, M.D.; Women's Care Associates of Lane County, P.C.; Sacred Heart General Hospital, assumed business registered by Sisters of St. Joseph of Peace, Health and Hospital Services, a Washington non-profit corporation, Petitioners on Review, and Eugene Obstetrical Clinic, Defendant.

Supreme Court of Oregon.

Decided April 21, 1994.

Attorney(s) appearing for the Case

John F. Kilcullen, of Brown, Roseta, Long & McConville, Eugene, argued the cause for petitioners on review Richard D. Haugen, M.D., and Women's Care Associates of Lane County, P.C. With him on the petition was Richard A. Roseta.

Josephine H. Mooney, of Calkins & Calkins, Eugene, argued the cause and filed the petition for petitioner on review Sacred Heart Gen. Hosp.

D. Lawrence Wobbrock, Portland, argued the cause for respondents on review. With him on the response were Kathryn H. Clarke and Maureen Leonard, Portland.

Anthony A. Allen, of Law Offices of Michael B. Dye, Salem, filed a brief on behalf of amicus curiae Oregon Trial Lawyers Ass'n.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, FADELEY, UNIS and GRABER, JJ.

GRABER, Justice.

In this civil case, we are called on to answer these questions: (1) Did the trial court err in refusing plaintiffs' request for oral argument on defendants' motions to dismiss their claims and, if so, is reversal of the trial court's rulings required? (2) Do plaintiffs' allegations relating to the failure to perform a sterilization procedure, resulting in the birth of a normal, healthy child, state claims...

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