CONCIENNE v. ASANTE

A162899.

450 P.3d 533 (2019)

299 Or. App. 490

Robert CONCIENNE, Plaintiff-Appellant, v. ASANTE, dba Rogue Valley Medical Center, and Ruth Rabinovitch, M.D., Defendants, and Tracey Stephen Kather, N.P., Defendant-Respondent.

Court of Appeals of Oregon.

September 18, 2019.


Attorney(s) appearing for the Case

Kevin L. Cathcart , Portland, argued the cause and filed the briefs for appellant.

Janet M. Schroer , Portland, argued the cause for respondent. Also on the brief were Ruth C. Rocker and Hart Wagner LLP.

Before Armstrong, Presiding Judge, and Tookey, Judge, and Shorr, Judge.


The issue in this case is whether plaintiff's bankruptcy estate is the owner of plaintiff's medical malpractice claim because plaintiff was or reasonably should have been aware of the potential claim when he failed to list it as an asset in an earlier Chapter 7 bankruptcy proceeding. As discussed below, we conclude that, as a matter of...

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