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BARRIER v. BEAMAN

CC 140404994 SC S063974.

390 P.3d 1048 (2017)

361 Or. 223

Bill BARRIER and Lee Ann Barrier, as individuals and as husband and wife, Plaintiffs-Relators, v. Douglas BEAMAN MD, PC; Douglas Beaman, MD; and Summit Orthopedics, LLP, Defendants-Adverse Parties.

Supreme Court of Oregon, En Banc.

March 9, 2017.

Attorney(s) appearing for the Case

W. Eugene Hallman , Hallman Law Office, Pendleton, argued the cause and filed the briefs for plaintiffs/relators on review. Also on the brief were Marc R. Bocci and Wm. Keith Dozier.

Janet M. Schroer , Hart Wagner LLP, Portland, argued the cause and filed the brief for defendants/adverse parties. Also on the brief were Michael J. Wiswall and Donna L. Lee.

Nadia H. Dahab , Stoll Stoll Berne Lokting & Shlachter PC, Portland, filed the brief on behalf of amicus curiae Oregon Trial Lawyers Association.

This is an original mandamus proceeding, arising from a medical negligence action in which plaintiff, who is the relator in this case, seeks damages for physical injuries. The issue is whether plaintiff, who — without objection by his counsel — answered questions in a discovery deposition about the treatment of his physical...

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