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LaDU v. OREGON CLINIC, P.C.

(9804-02472; CA A103697).

998 P.2d 733 (2000)

165 Or. App. 687

Mary Shaidaee LaDU, Personal Representative of the Estate of Baby LaDu, and Mary Shaidaee LaDu, Appellants, v. OREGON CLINIC, P.C., Erik P. Eselius and Kelvin Chiu Yu, Respondents.

Court of Appeals of Oregon, En Banc.

Resubmitted January 26, 2000.

Decided March 1, 2000.

Attorney(s) appearing for the Case

Carl G. Kiss argued the cause for appellant. With him on the briefs was Paulson and Baisch Trial Lawyers.

Kelly A. Giampa argued the cause for respondents Oregon Clinic, P.C. and Erik P. Eselius. Lindsey H. Hughes argued the cause for respondent Kelvin Chiu Yu. With them on the brief, respectively, were Janet M. Schroer and Hoffman, Hart & Wagner, and Keating Jones Bildstein Hughes & Yelnosky, P.C.

Before DEITS, Chief Judge, and EDMONDS, De MUNIZ, LANDAU, HASELTON, ARMSTRONG, LINDER, WOLLHEIM, KISTLER and BREWER, Judges.

Resubmitted En Banc January 26, 2000.

HASELTON, J.

Plaintiff LaDu, in her capacity as personal representative of the estate of Baby LaDu, appeals the trial court's order and judgment dismissing with prejudice her claim against defendants for the wrongful death of a nonviable 16-week-old fetus. The trial court granted defendants' motion to dismiss plaintiff's claim for failure to state a claim. ORCP 21 A(8). On appeal, plaintiff asserts that the trial court...

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