VARNER v. EVES

(16-97-01268; CA A102273)

990 P.2d 357 (1999)

164 Or. App. 66

Ellen VARNER, Appellant, v. S. David EVES, Respondent.

Court of Appeals of Oregon.

Decided November 3, 1999.


Attorney(s) appearing for the Case

Megan L. Harris argued the cause for appellant. With her on the briefs were Matthew W. Derby, Roseburg, and The Law Offices of Danny Lang & Associates.

Richard A. Roseta, Eugene, argued the cause for respondent. On the brief were Charles D. Carlson and Brown, Roseta, Long, McConville, Kilcullen & Carlson.

Before LANDAU, Presiding Judge, and LINDER and BREWER, Judges.


BREWER, J.

In this breach of contract and professional negligence action, plaintiff appeals from summary judgment in favor of defendant—an attorney who represented plaintiff in an earlier medical malpractice action against a physician. Plaintiff argues that the trial court erred in granting summary judgment, because the evidence, when viewed in the light most favorable to plaintiff, created genuine issues of fact that defendant breached an oral promise to file...

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