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SISTERS OF ST. JOSEPH v. RUSSELL

CC 16-90-04757; CA A74348; SC S40584.

867 P.2d 1377 (1994)

318 Or. 370

SISTERS OF ST. JOSEPH OF PEACE, HEALTH, AND HOSPITAL SERVICES, a Washington corporation, dba Sacred Heart General Hospital, Petitioner on Review, v. Nathan G. RUSSELL, Defendant. The Aetna Casualty and Surety Company, Respondent on Review.

Supreme Court of Oregon.

Decided February 25, 1994.

Attorney(s) appearing for the Case

James R. Strickland, of Curtis & Strickland, Eugene, argued the cause and filed the petition for petitioner on review.

Darren L. Otto, of Scheminske & Lyons, Portland, argued the cause for respondent on review and filed a response to the petition.

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

GRABER, Justice.

This case involves principles relating to third-party beneficiary contracts.

FACTS AND PROCEDURAL BACKGROUND

On September 13, 1984, Russell was injured when the log scaler that he was operating rolled down a hill. As a result of that accident, Russell's back and arm were broken. Sacred Heart General Hospital (hospital) provided medical treatment for his injuries from September 13, 1984, through August 30, 1985.

Russell was...

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