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BARKE v. MAEYENS

00CV0012; A111121

31 P.3d 1133 (2001)

176 Or. App. 471

Barbara BARKE, Personal Representative of the Estate of Randall Barke, Deceased, Appellant, v. Edgar MAEYENS, Jr., M.D., Respondent.

Court of Appeals of Oregon.

Decided September 12, 2001.

Attorney(s) appearing for the Case

W. Eugene Hallman, Pendleton, argued the cause and filed the brief, for appellant. With him on the brief were Michael R. Stebbins, North Bend, Stebbins & Coffey, Mark R. Bocci, Lake Oswego, and Pippin & Bocci.

Marjorie A. Speirs, Portland, argued the cause for respondent. With her on the brief were Janet M. Schroer, Portland, and Hoffman, Hart & Wagner, LLP.

Before HASELTON, Presiding Judge, and LINDER and WOLLHEIM, Judges.

HASELTON, P.J.

Plaintiff, Barbara Barke, the personal representative of the estate of her deceased husband, Randall Barke, appeals from a judgment dismissing her wrongful death action on the ground that it was barred by the ultimate repose provision of ORS 12.110(4). She argues that that provision violates Article I, section 10, and Article I, section 20, of the Oregon Constitution. For the reasons set forth below, we affirm the trial court's dismissal of plaintiff...

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