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SIMONS v. BEARD

00C-13519; A114365.

72 P.3d 96 (2003)

188 Or. App. 370

Tess SIMONS, Appellant, v. Duane BEARD, M.D.; and Salem Hospital, an Oregon nonprofit corporation, Respondents.

Court of Appeals of Oregon.

Decided June 26, 2003.

Attorney(s) appearing for the Case

Kathryn H. Clarke, Portland, argued the cause for appellant. With her on the briefs was Gregory A. Smith.

Ruth Casby Rocker, Portland, argued the cause for respondent Duane Beard, M.D. With her on the brief were Janet M. Schroer and Hoffman, Hart & Wagner, LLP, Portland.

Keith J. Bauer, Salem, argued the cause for respondent Salem Hospital. With him on the brief was Parks, Bauer, Sime & Winkler, LLP, Salem.

Before HASELTON, Presiding Judge, and DEITS, Chief Judge, and WOLLHEIM, Judge.

HASELTON, P.J.

Plaintiff appeals from the dismissal, pursuant to ORCP 21 A(8) and B, of her amended complaint seeking damages for emotional distress that she experienced as a result of defendants' allegedly negligent provision of obstetrical care. In reviewing that dismissal, we assume the truth of all well-pleaded facts in the amended complaint and give plaintiff the benefit of all reasonable inferences that can be drawn in her favor. See Greene v. Legacy Emanuel...

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