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COHENS v. McGEE

040605826; A131253.

180 P.3d 1240 (2008)

219 Or. App. 78

Sugar COHENS, Plaintiff-Appellant, v. Donald McGEE, Defendant-Respondent.

Court of Appeals of Oregon.

Decided March 26, 2008.

Attorney(s) appearing for the Case

Willard E. Merkel, Portland, argued the cause for appellant. With him on the briefs was Merkel & Associates.

Michael Lehner, Portland, argued the cause for respondent. With him on the brief were Barry J. Goehler and Lehner & Rodrigues PC.

C. Robert Steringer and Harrang Long Gary Rudnick P.C., Eugene, filed the brief amicus curiae for Oregon Association of Defense Counsel.

Maureen Leonard filed the brief amicus curiae for Oregon Trial Lawyers Association.

Before HASELTON, Presiding Judge, and ARMSTRONG and ROSENBLUM, Judges.

ARMSTRONG, J.

In this personal injury action, plaintiff appeals a judgment that reduced the economic damages that a jury had awarded her. The trial court reduced the damage award by the amount of charges that plaintiffs medical provider had "written off pursuant to its agreement with the Oregon Health Plan (OHP) for medical services that it had provided to plaintiff to treat the injuries caused by defendant's negligence. This appeal presents questions nearly identical...

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