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GREENE v. LEGACY EMANUEL HOSP.

CC 9707-05788; CA A102423; SC S47406

60 P.3d 535 (2002)

335 Or. 115

Bobbie J. GREENE, Petitioner on Review, v. LEGACY EMANUEL HOSPITAL AND HEALTH CARE CENTER, an Oregon corporation, Defendant, and Cheryl L. Nesler, M.D., Respondent on Review.

Supreme Court of Oregon.

Decided December 27, 2002.

Attorney(s) appearing for the Case

J. Michael Alexander, Swanson, Lathen, Alexander & McCann, PC, Salem, argued the cause and filed the briefs for petitioner on review.

Nancy S. Tauman, Hibbard Caldwell Schultz Ramis & Crew, Oregon City, argued the cause and filed the brief for respondent on review. With her on the brief was Nelson L. Walker.

Thomas M. Christ, Mitchell, Lang & Smith, Portland, filed a brief on behalf of amicus curiae Oregon Association of Defense Counsel.

Helen T. Dziuba, Portland, filed a brief on behalf of amicus curiae Oregon Trial Lawyers Association.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, LEESON, RIGGS, and De MUNIZ, Justices.

DURHAM, J.

This is an action to recover damages for injuries that plaintiff received during a surgical operation. The issue is whether plaintiff commenced the action after expiration of the two-year period of limitations set out in ORS 12.110(4), quoted below. The trial court concluded that plaintiff's action was time-barred and granted summary judgment, ORCP 47, in favor of defendant Nesler.1 The Court of Appeals affirmed. Greene v...

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