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KOHRING v. BALLARD

(CC1111-14966; SC S060533).

325 P.3d 717 (2014)

355 Or. 297

Richard A. KOHRING and Kerstin Kohring, Plaintiffs-Adverse Parties, v. James C. Ballard, M.D., and Oregon Orthopedic & Sports Medicine Clinic, LLP, Defendants-Relators.

Supreme Court of Oregon, En Banc.

Decided April 24, 2014.

Attorney(s) appearing for the Case

Janet M. Schroer of Hart Wagner LLP, Portland, argued the cause and filed the brief for defendants-relators. With her on the brief was Marjorie A. Speirs.

Kathryn H. Clarke , Portland, argued the cause and filed the brief for plaintiffs-adverse parties. With her on the brief was Phillip C. Gilbert , Gresham.

Lindsey H. Hughes and Hillary A. Taylor of Keating Jones Hughes, P.C., Portland, filed the brief for amicus curiae Oregon Association of Defense Counsel.

Scott A. Shorr of Stoll Stoll Berne Lokting & Shlachter, P.C., Portland, filed the brief for amicus curiae Oregon Trial Lawyers Association.

LANDAU, J.

The issue in this mandamus proceeding is whether the trial court correctly denied defendants' motion to change venue. ORS 14.080(2) provides that venue is proper wherever a defendant engages in "regular, sustained business activity." In this case, plaintiffs, a husband and wife, initiated a medical malpractice action against defendants in Multnomah County. Defendants argue that venue lies in Clackamas County, because that is where the clinic is located...

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