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SCOTT v. FRANCIS

CC A8412-07550; CA A46646; SC S37071.

838 P.2d 596 (1992)

314 Or. 329

Esther SCOTT, Plaintiff, v. Peter D. FRANCIS; Patrick H. LePley; Jack J. Ackerman; Francis, Lopez & LePley, a partnership; and Francis, Lopez & Ackerman, a partnership, Defendants, Carl A. Taylor Lopez, Petitioner on Review, and Jay R. Jackson, Respondent on Review.

Supreme Court of Oregon.

Decided October 1, 1992.

Attorney(s) appearing for the Case

John Folawn, Holmes & Folawn, Portland, argued the cause and filed the petition for petitioner on review. With him on the petition was Martin W. Jaqua.

Lindsey Hughes, Hallmark, Keating & Abbott, P.C., Portland, argued the cause for respondent on review.

Before CARSON, C.J., and PETERSON, GILLETTE, VAN HOOMISSEN, FADELEY and UNIS, JJ.

PETERSON, Justice.

Two lawyers were employed by plaintiff to assert a medical negligence claim on her behalf. One lawyer represented to the other that there was no time pressure for filing the claim. The other lawyer relied on that representation. However, there was time pressure, and plaintiff lost her medical negligence claim because the statute of limitations ran. She then brought an action against both lawyers, asserting that they were negligent in failing timely...

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