MENDEZ v. STATE OF OREGON

No. A7911-05644; CA A23413.

669 P.2d 364 (1983)

64 Or.App. 581

Enrique MENDEZ, Personal Representative of the Estate of Juana Mendez, Respondent, v. STATE OF OREGON, Appellant.

Court of Appeals of Oregon.

Decided September 21, 1983.


Attorney(s) appearing for the Case

Michael D. Reynolds, Asst. Atty. Gen., Salem, argued the cause and filed the briefs for appellant. With him on the briefs were Dave Frohnmayer, Atty. Gen., Stanton F. Long, Deputy Atty. Gen., William F. Gary, Sol. Gen., and Margaret E. Rabin, Asst. Atty. Gen., Salem.

Kathryn H. Clarke, Portland, argued the cause and filed the brief for respondent. With her on the brief was Richard P. Noble, P.C., Portland.

Before WARDEN, P.J., and YOUNG and ROSSMAN, JJ.


WARDEN, Presiding Judge.

This action for wrongful death was brought under the Oregon Tort Claims Act, ORS 30.270(1)(c), on behalf of decedent's parents against the State of Oregon by the personal representative of decedent's estate, after decedent died at the University of Oregon Health Sciences Center (UOHSC). The jury found for plaintiff and awarded damages of $300,000. The state appeals, claiming that certain evidence it offered was erroneously excluded and that...

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