BAKER v. ENGLISH

CC 9211-08042; CA A81150; SC S42379, S42428.

932 P.2d 57 (1997)

324 Or. 585

Navajo BAKER, Personal Representative of the Estate of Timothy B. Baker, Deceased, Petitioner on Review/Respondent on Review, v. Woodruff J. ENGLISH, II, M.D., Respondent on Review/Petitioner on Review.

Supreme Court of Oregon.

Reassigned July 8, 1996.

Decided February 21, 1997.


Attorney(s) appearing for the Case

John Paul Graff, of Graff & O'Neil, Portland, argued the cause for petitioner on review/respondent on review Baker. With him on the briefs was Jeffrey B. Wihtol, Portland.

Janet M. Schroer, of Hoffman, Hart & Wagner, Portland, argued the cause for respondent on review/petitioner on review English. With her on the briefs was Marjorie A. Speirs, Portland.

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


CARSON, Chief Justice.

The issue in this medical malpractice case is whether an erroneous discovery ruling by the trial court constituted prejudicial error, requiring reversal of a judgment in plaintiff's favor. For the reasons that follow, we conclude that the trial court's ruling was not prejudicial and, hence, that reversal is not required.

Because a jury rendered a verdict in favor of Timothy Baker ("plaintiff"), we view the facts in the light most favorable...

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