BATES v. ANDALUZ WATERBIRTH CENTER

A163860.

447 P.3d 510 (2019)

298 Or. App. 733

David Lee BATES, Personal Representative of the Estate of Olivia Sophia Bates, Deceased, Plaintiff-Respondent, v. ANDALUZ WATERBIRTH CENTER, an Oregon corporation; Carmen Cosby, CPM, LDM; Jennifer Gallardo, CPM, LDM; Tracy Lawson-Allen, CPM, LDM; Katie Nadalsky, CNM; Mary Strubhar, CNM, MSN; and Marilyn Milestone, CPM, LDM, IBCLC, Defendants-Appellants.

Court of Appeals of Oregon.

August 7, 2019.


Attorney(s) appearing for the Case

Hermine Serena Hayes-Klein argued the cause for appellants. On the brief were

Janet M. Schroer and Hart Wagner LLP, On the reply brief was also Mark Sherman.

Rhett Garrett Fraser argued the cause for respondent. Also on the brief were

James D. Huegli and Huegli Fraser P.C.

Faith M. Morse filed the brief amicus curiae for Oregon Trial Lawyers Association.

Before Ortega, Presiding Judge, and Powers, Judge, and Mooney, Judge.


Defendants appeal from an order denying their motion to dismiss and compel arbitration of plaintiff's claim for wrongful death. ORS 36.730(1)(a). Plaintiff is the personal representative for the estate of Olivia Bates, who was two days old when she died from complications of her birth at defendant Andaluz Waterbirth Center (Andaluz...

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