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MARTINEAU v. MCKENZIE-WILLAMETTE MED. CTR.

(SC S069760) (Control) (SC S069762).

537 P.3d 542 (2023)

371 Or. 408

Jamie MARTINEAU, Personal Representative of the Decedent, Aaron Martineau, Respondent on Review, v. MCKENZIE-WILLAMETTE MEDICAL CENTER, an assumed business name of McKenzie-Willamette Regional Medical Center Associates, a limited liability company, Defendant, and Radiology Associates, P.C., a corporation; Dariusz Zawierucha, M.D., an individual, Petitioners on Review, and Cascade Medical Associates, the assumed business name of Doctor's Emergency Room Corporation, P.C., a corporation; and Gary Josephsen, M.D., an individual, Petitioners on Review. Jamie Martineau, Personal Representative of the Decedent, Aaron Martineau, Respondent on Review, v. McKenzie-Willamette Medical Center, an assumed business name of McKenzie-Willamette Regional Medical Center Associates, a limited liability company, Defendant, and Radiology Associates, P.C., a Corporation; Dariusz Zawierucha, M.D., an individual, Petitioners on Review, and Cascade Medical Associates, the assumed business name of Doctor's Emergency Room Corporation, P.C., a corporation; and Gary Josephsen, M.D., an individual, Petitioners on Review.

Supreme Court of Oregon.

October 5, 2023.

Attorney(s) appearing for the Case

Travis Eiva , Eiva Law, Eugene, filed the petition for reconsideration and reply on behalf of respondent on review.

Hillary A. Taylor , Keating Jones Hughes, P.C., Portland, filed the response to the petition for reconsideration for petitioners on review Cascade Medical Associates and Gary Josephsen, M.D. Also on the response was Alice S. Newlin , Lindsay Hart, LLP, Portland, for petitioners Radiology Associates, P.C., and Dariusz Zawierucha, M.D.

Before Flynn, Chief Justice, and Duncan, Garrett, DeHoog, and Bushong, Justices, and Walters and Nakamoto, Senior Judges, Justices pro tempore.

Plaintiff petitions for reconsideration of this court's decision in Martineau v. McKenzie-Willamette Medical Center, 371 Or. 247, 533 P.3d 1 (2023), which reversed the decision of the Court of Appeals and affirmed the trial court's entry of judgment for defendants. Plaintiff seeks reconsideration of the merits of our opinion and...

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