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HOWELL v. WILLAMETTE UROLOGY, P.C.

(CC 0701-01084; SC S055099).

178 P.3d 220 (2008)

344 Or. 124

Launa HOWELL, Rodney Howell, and Jacob L. Howell, Co-Personal Representatives for the Estate of Cody W. Howell, Plaintiffs-Relators, v. WILLAMETTE UROLOGY, P.C., and David Elmgren, M.D., Defendants-Adverse Parties.

Supreme Court of Oregon, En Banc.

Decided February 14, 2008.

Attorney(s) appearing for the Case

Kathryn H. Clarke, Portland, argued the cause and filed the brief for Plaintiffs-Relators. With her on the brief was Tina Stupasky, Eugene.

Lindsey H. Hughes, of Keating Jones Hughes, P.C., Portland, argued the cause and filed the brief for Defendants-Adverse Parties. With her on the brief was Peter O. Tuenge.

GILLETTE, J.

This mandamus proceeding arises out of a dispute over the proper venue for a wrongful death action. Venue for a wrongful death action is governed by ORS 14.080, which provides, in part:

"(1) All other actions [including actions for wrongful death] shall be commenced in the county in which the defendants, or one of them, reside at the commencement of the action or in the county where the cause of action[1] arose. A...

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