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TOMLINSON v. METROPOLITAN PEDIATRICS, LLC

110911971; A151978.

366 P.3d 370 (2015)

275 Or. App. 658

Kerry TOMLINSON and Scott Tomlinson, individually; and Kerry Tomlinson as guardian ad litem for her minor son Edward Tomlinson, Plaintiffs-Appellants, v. METROPOLITAN PEDIATRICS, LLC, an Oregon limited liability corporation; Legacy Emanuel Hospital & Health Center, dba Legacy Emanuel Pediatric Development and Rehabilitation Clinic; and Mary K. Wagner, M.D.; Defendants-Respondents, and Legacy Emanuel Hospital & Health Center, an Oregon non-profit corporation, dba Legacy Emanuel Health Center; and Sharon D. Butcher, CPNP, Defendants.

Court of Appeals of Oregon.

Decided December 30, 2015.

Attorney(s) appearing for the Case

Kathryn H. Clarke argued the cause for appellants. With her on the briefs were William A. Gaylord, Linda K. Eyerman, and Craig A. Nichols.

Michael J. Estok argued the cause for respondents Metropolitan Pediatrics, LLC, and Mary K. Wagner, M.D. With him on the joint briefs were Lindsay Hart, LLP; Lindsey H. Hughes, Hillary A. Taylor, and Keating Jones Hughes, P.C.

Lindsey H. Hughes, Portland, argued the cause for respondent Legacy Emanuel Hospital & Health Center. With her on the joint briefs were Hillary A. Taylor and Keating Jones Hughes, P.C.; Michael J. Estok and Lindsay Hart, LLP.

Before LAGESEN, Presiding Judge, and HASELTON, Chief Judge, and SCHUMAN, Senior Judge.

Plaintiffs Kerry and Scott Tomlinson (the Tomlinsons) and their son, Edward Tomlinson (Teddy), through his mother as guardian ad litem, appeal a judgment dismissing their claims for negligence against defendants Metropolitan Pediatrics, LLC, and Mary K. Wagner, M.D. (collectively Metropolitan) and Legacy Emanuel Hospital &...

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