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WASHBURN v. HOLBROOK

A8709-05933; CA A60355.

806 P.2d 702 (1991)

106 Or. App. 60

Dina WASHBURN and Robert Washburn, Respondents—Cross-Appellants, v. Max HOLBROOK, D.M.D., Appellant—Cross-Respondent.

Court of Appeals of Oregon.

Decided February 20, 1991.

Reconsideration Denied April 24, 1991.

Attorney(s) appearing for the Case

Thomas M. Christ, Portland, argued the cause for appellant—cross-respondent. With him on the briefs was Mitchell, Lang & Smith, Portland.

John Timothy Wittrock, Portland, argued the cause for respondents—cross-appellants. With him on the briefs were Kathleen O'Brien and Wittrock & O'Brien, Portland.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

DEITS, Judge.

Defendant appeals the trial court's denial of his motions for mistrial and its failure to give requested jury instructions in this dental malpractice case. Plaintiffs cross-appeal the granting of defendant's motions to strike their punitive damages claim. We affirm.

In March, 1986, plaintiff Dina Washburn went to defendant, her dentist, complaining of a toothache. Defendant concluded that the tissue in the tooth was dying and recommended root...

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