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ZAVALAS v. DEPT. OF CORRECTIONS

C891140CV, C891141CV; CA A66267 (Control), CA A66268.

861 P.2d 1026 (1993)

124 Or. App. 166

Tony ZAVALAS, as Personal Representative of the Estates of Carlos Alexander Rojano Perez, Deceased, and Marco Antonio Zavalas Rojano, Deceased, Appellant, v. STATE of Oregon, By and Through its DEPARTMENT OF CORRECTIONS, Defendant, and Roger G. Smith, M.D., an Oregon licensed physician, Respondent. Benjamin J. OLIVARES, as Guardian ad litem for John L. Olivares and Benjamin Olivares, Jr., and Benjamin J. Olivares, Individually, Appellant, and Maria Cruz Jimenez, Individually, Plaintiff, v. STATE of Oregon, By and Through its DEPARTMENT OF CORRECTIONS, Defendant, and Roger G. Smith, M.D., an Oregon licensed physician, Respondent.

Court of Appeals of Oregon.

Decided October 20, 1993.

Attorney(s) appearing for the Case

Kurt L. Maul argued the cause for appellant Tony Zavalas. Paul Bovarnick argued the cause for appellant Benjamin J. Olivares. With them on the briefs was Hampson, Bayless, Murphy & Stiner, Portland.

Lindsey H. Hughes argued the cause for respondent. With her on the brief was Hallmark, Keating & Abbott, P.C., Portland.

Before ROSSMAN, P.J., and DeMUNIZ and LEESON, JJ.

LEESON, Judge.

In these consolidated cases, plaintiffs appeal a summary judgment dismissing their negligence and wrongful death actions against physician Roger Smith (defendant). On review of a summary judgment, we determine whether the moving party is entitled to judgment as a matter of law. We view any evidence and all reasonable inferences to be drawn therefrom in the light most favorable to the nonmoving party. Stevens v. Bispham, 316 Or...

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