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EADS v. BORMAN

05C18610; A137410.

227 P.3d 826 (2010)

234 Or. App. 324

David EADS and Diane Eads, individually and as husband and wife, Plaintiffs-Appellants, v. Timothy R. BORMAN, D.O.; Salem Hospital, a registered Oregon non-profit corporation; Michael J. George, M.D.; and Salem Radiology Consultants, P.C., an Oregon Professional Corporation, Defendants, and Willamette Spine Center, LLC, an Oregon corporation, Defendant-Respondent.

Court of Appeals of Oregon.

Decided March 17, 2010.

Attorney(s) appearing for the Case

Maureen Leonard argued the cause for appellants. With her on the briefs was David K. Miller, Portland.

Pamela J. Stendahl argued the cause for respondent. With her on the brief were Molly Jo Mullen, Portland, and Bodyfelt Mount LLP.

Before WOLLHEIM, Presiding Judge, and BREWER, Chief Judge, and SERCOMBE, Judge.

WOLLHEIM, P.J.

Plaintiff in this medical malpractice action appeals a limited judgment in favor of defendant Willamette Spine Center, LLC.1 Plaintiff underwent back surgeries, which injured his spinal cord.2 Plaintiff sought damages from defendant, the surgeon (Dr. Borman), and a number of other medical providers. He contended that Borman was defendant's actual or apparent agent and, therefore, defendant was...

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