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KEYS v. NADEL

Nos. CC 92C-11839; CA A84904; SC S43332.

937 P.2d 521 (1997)

325 Or. 324

Marianne L. KEYS, Respondent on Review, v. William M. NADEL, M.D., and William M. Nadel, M.D., P.C., Petitioners on Review.

Supreme Court of Oregon.

Decided May 22, 1997.

Reconsideration Denied July 1, 1997.

Attorney(s) appearing for the Case

Steven M. Lippold, of Clark, Lindauer, McClinton, Fetherston, Edmonds & Lippold, Salem, argued the cause on behalf of petitioners on review. With him on the petition was Michael C. McClinton.

J. Michael Alexander, of Burt, Swanson, Lathen, Alexander, McCann & Smith, P.C., Salem, argued the cause and filed the brief on behalf of respondent on review.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, GRABER, DURHAM and KULONGOSKI, JJ.

KULONGOSKI, Justice.

The issue in this medical negligence case is whether certain prior consistent statements of a witness who testified at trial were admissible as nonhearsay statements, pursuant to Oregon Evidence Code (OEC) 801(4)(a)(B), which provides:

"A statement is not hearsay if: "(a) The declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is:

"* * * * *

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