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KLUTSCHKOWSKI v. PEACEHEALTH

(CC 160615518; CA A138722; SC S059869).

311 P.3d 461 (2013)

354 Or. 150

Bobbi KLUTSCHKOWSKI and Kevin Klutschkowski, personally and as guardians ad litem for Braedon Klutschkowski, a minor child, Petitioners on Review, Cross-Respondents on Review, v. PEACEHEALTH; Amy McCarthy; Center for Women's Health, P.C.; Zena I. Monji; and Zena I. Monji, M.D., P.C., Defendants, and Oregon Medical Group, P.C., Respondent on Review, Cross-Petitioner on Review.

Supreme Court of Oregon, En Banc.

Resubmitted January 7, 2013.

Decided September 26, 2013.

Attorney(s) appearing for the Case

Kathryn H. Clarke, Portland, argued the cause and filed the brief for petitioners on review/cross-respondents on review. With her on the brief were Richard M. Rogers and Patrick L. Block, Portland.

Matthew J. Kalmanson and Janet M. Schroer, Hart Wagner LLP, Portland, argued the cause and filed the briefs for respondent on review/cross-petitioner on review. With them on the briefs was Marjorie A. Speirs.

W. Eugene Hallman, Pendleton, filed the brief for amicus curiae Oregon Trial Lawyers Association.

KISTLER, J.

Plaintiffs brought this medical malpractice action to recover for injuries that their son sustained during delivery. On review, the issues are whether ORCP 59 H limits an appellate court's ability to review objections to a trial court's instructional rulings and whether a statutory cap on noneconomic damages constitutionally can be applied to actions brought by children injured during birth. The Court of Appeals held that, because defendant had not excepted...

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