Jason JOHANNESEN, Personal Representative for the Estate of Salina Johannesen, deceased, Plaintiff-Relator,
v.
SALEM HOSPITAL, David West, and Oregon Hospital Anesthesiology Group, PC, Defendants-Adverse Parties.
Supreme Court of Oregon.https://leagle.com/images/logo.png
Argued and Submitted January 10, 2003.
Decided December 26, 2003.
Attorney(s) appearing for the Case
Kathryn H. Clarke, Portland, argued the cause and filed the brief for plaintiff-relator. With her on the brief was Richard M. Rogers, Portland.
Billy M. Sime, Parks, Bauer, Sime & Winkler, LLP, Salem, argued the cause and filed the brief for defendant-adverse party Salem Hospital. With him on the brief were Keith J. Bauer and J. Marie Bischman, Salem.
John Hart, Hoffman, Hart & Wagner LLP, Portland, waived appearance for defendant-adverse party David West, M.D.
Michael T. Stone, Brisbee & Stockton LLC, Hillsboro, waived appearance for defendant-adverse party Oregon Hospital Anesthesiology Group, PC.
Before CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, De MUNIZ, and BALMER, Justices.
Supreme Court of Oregon.
RIGGS, J.
In this original mandamus proceeding, we are called upon to apply the legal standards governing a trial court's decision on a motion under ORS 18.535 (2001)1 to amend a complaint to add a punitive damages claim in a medical malpractice action. In the case from which this proceeding arises, the trial court denied plaintiff's motion to amend his complaint on the ground that he had not presented "clear and convincing" evidence that...
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