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LESCH v. DeWITT

CC 9103-01890; CA A73351; SC S40124.

858 P.2d 872 (1993)

317 Or. 585

Katherine LESCH, Petitioner on Review, v. Peter DeWITT, M.D., and Peter Dewitt, M.D., P.C., a professional corporation, Respondents on Review.

Supreme Court of Oregon, In Banc.

Decided September 30, 1993.

Attorney(s) appearing for the Case

John Stanley Sather, Portland, argued the cause and filed the petition, for petitioner on review.

Lindsay H. Hughes, of Hallmark, Keating and Abbott, P.C., Portland, argued the cause and filed the response, for respondents on review.

Dean Heiling, Portland, filed a brief for amicus curiae Oregon Trial Lawyers Ass'n.

GILLETTE, Justice.

This is a medical negligence case in which plaintiff alleges that she suffered physical and psychological harm when defendant doctor negligently prescribed an addictive drug for her over a period of about eight years. The trial court dismissed that portion of plaintiff's claim that involved events that occurred more than five years before the date of plaintiff's complaint, on the ground that any such claim or portion thereof was barred by the applicable...

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