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CURTIS v. MRI IMAGING SERVICES II

CC 941288; CA A92095; SC S44395.

956 P.2d 960 (1998)

327 Or. 9

Robert CURTIS, Respondent on Review, v. MRI IMAGING SERVICES II, an Oregon limited partnership, and ABCT, Inc., an Oregon corporation, Petitioners on Review, and North Lincoln Hospital Health District dba North Lincoln Hospital, an Oregon non-profit corporation, Defendant.

Supreme Court of Oregon.

Decided April 9, 1998.

Attorney(s) appearing for the Case

Alexander Gordon, Portland, argued the cause and filed the petition for petitioners on review.

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

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

GILLETTE, Justice.

In this tort action, plaintiff sought damages from corporate medical providers for psychological injuries that allegedly resulted from a negligently performed diagnostic test. Pursuant to ORCP 21, the trial court entered judgment for defendants on the pleadings. Noting that plaintiff had alleged only psychological injuries, the court concluded that plaintiff's claim actually was for negligent infliction of emotional distress—a claim that...

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