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CLER v. PROVIDENCE HEALTH SYSTEM-OREGON

040100189; A130443.

192 P.3d 838 (2008)

222 Or. App. 183

Alan CLER and Debi Cler, Plaintiffs-Appellants, v. PROVIDENCE HEALTH SYSTEM-OREGON, dba Providence St. Vincent Medical, Defendants, and Oregon Hematology Oncology Associates, PC, Defendant-Respondent.

Court of Appeals of Oregon.

Decided September 3, 2008.

Attorney(s) appearing for the Case

Stephen C. Hendricks, Portland, argued the cause for appellants. With him on the opening brief was Kathryn H. Clarke. On the reply brief was Kathryn H. Clarke.

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

Before EDMONDS, Presiding Judge, and WOLLHEIM, Judge, and SERCOMBE, Judge.

SERCOMBE, J.

In this nursing negligence case, plaintiffs Alan and Debi Cler1 appeal after a jury verdict for defendant Oregon Hematology Oncology Associates, PC (Oregon Hematology).2 Plaintiffs contend that the trial court abused its discretion when it allowed defense counsel during closing argument to present facts to the jury that were not in the record. We review a trial court's ruling regarding the permissibility...

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