GAFUR v. LEGACY GOOD SAMARITAN HOSPITAL

040707139; A130070.

161 P.3d 319 (2007)

213 Or. App. 343

Elizabeth GAFUR and Linda Wing, on their own behalf and on behalf of all similarly situated, Plaintiffs-Appellants, v. LEGACY GOOD SAMARITAN HOSPITAL AND MEDICAL CENTER; Legacy Health System; Legacy Meridian Park Hospital; Legacy Emanuel Hospital & Health Center; and Does 1 through 10, Defendants-Respondents, and Legacy Mount Hood Health Center, Defendant.

Court of Appeals of Oregon.

Decided June 13, 2007.


Attorney(s) appearing for the Case

Jacqueline L. Koch, Portland, argued the cause for appellants. With her on the briefs were Koch & Deering, and J. Dana Pinney and Bailey, Pinney & Associates.

Timothy R. Volpert, Portland, argued the cause for respondents. With him on the brief were Carol J. Bernick, Kevin H. Kono, and Davis Wright Tremaine LLP.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and DEITS, Judge pro tempore.


SCHUMAN, J.

Plaintiffs, who are individuals and putative class representatives employed by defendants, appeal from the trial court's judgment of dismissal for failure to state ultimate facts sufficient to constitute a claim. ORCP 21 A. The issue before us is whether plaintiffs can bring an action against defendants based on defendants' failure to provide statutorily required meal and rest breaks. Defendants argued, and the trial court agreed, that violation of the...

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