FERGUSON v. NELSON

160417745; A130544.

174 P.3d 620 (2007)

216 Or. App. 541

Dea Isis FERGUSON, a minor, by and through her mother and Guardian Ad Litem Teri FERGUSON; Teri Ferguson; and Shaun Ferguson, Plaintiffs-Appellants, and Jeremy Ferguson, a minor, by and through his mother and Guardian Ad Litem Teri Ferguson, Plaintiff, v. William F. NELSON, D.O., Defendant-Respondent, and Kamal Kotaich and Kotaich, Inc., dba Ninth Street Pharmacy, Defendants.

Court of Appeals of Oregon.

Decided December 12, 2007.


Attorney(s) appearing for the Case

Marianne Dugan, Eugene, argued the cause and filed the briefs for appellants.

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

Before HASELTON, Presiding Judge, and ROSENBLUM, Judge, and DEITS, Judge pro tempore.


ROSENBLUM, J.

Plaintiffs appeal a judgment on a jury verdict in favor of defendant. They argue that the trial court erred by denying their motions to amend and to postpone trial, by giving two jury instructions, and by failing to give eight jury instructions. We conclude that the trial court did not abuse its discretion by denying plaintiffs' motions and that the two given instructions to which plaintiffs assign error are not erroneous as a matter of law. We further...

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