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EADS v. BORMAN

(CC 05C18610; CA A137410; SC S058445).

277 P.3d 503 (2012)

351 Or. 729

David EADS and Diane Eads, individually and as husband and wife, Petitioners on Review, v. Timothy R. BORMAN, D.O.; Salem Hospital, a registered Oregon non-profit corporation; Michael J. George, M.D.; and Salem Radiology Consultants, P.C., an Oregon Professional Corporation, Defendants, and Willamette Spine Center, LLC, an Oregon corporation, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided April 26, 2012.

Attorney(s) appearing for the Case

Maureen Leonard , Portland, argued the cause for petitioners on review. With her on the brief was David K. Miller .

Richard A. Lee , Bodyfelt Mount LLP, Portland, argued the cause for respondent on review. On the brief was Pamela A. Stendahl .

Thomas M. Christ , Cosgrave Vergeer Kester LLP, argued the cause and filed a brief on behalf of amicus curiae Oregon Association of Defense Counsel.

Kathryn H. Clarke , Portland, filed a brief on behalf of amicus curiae Oregon Trial Lawyers Association.

LINDER, J.

Plaintiff underwent surgery performed by a physician whose office was in a building that defendant, a limited liability company (LLC), leased to medical providers.1 The surgeon performed the surgery negligently, causing plaintiff permanent and disabling injuries. Plaintiff brought this malpractice action against the LLC landlord, as well as against the surgeon and others involved in his medical treatment. Plaintiff pursued the...

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