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TOMLINSON v. METROPOLITAN PEDIATRICS, LLC

(CC 110911971; SC S063902(Control), S063956).

412 P.3d 133 (2018)

362 Or. 431

Kerry TOMLINSON and Scott Tomlinson, individually; and Kerry Tomlinson as guardian ad litem for her minor son Edward Tomlinson, Respondents on Review, 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.; Petitioners on Review, and Legacy Emanuel Hospital & Health Center, an Oregon non-profit corporation, dba Legacy Emanuel Health Center; and Sharon D. Butcher, CPNP, Defendants. (S063902) (Control) Kerry Tomlinson and Scott Tomlinson, individually and Kerry Tomlinson as guardian ad litem for her minor son Edward Tomlinson, Petitioners on Review, 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., Respondents on Review, and Legacy Emanuel Hospital & Health Center, an Oregon non-profit corporation, dba Legacy Emanuel Health Center and Sharon D. Butcher, CPNP, Defendants. (S063956).

Supreme Court of Oregon.

February 8, 2018.

Attorney(s) appearing for the Case

Michael J. Estok , Lindsay Hart, LLP, Portland, argued the cause and filed the briefs for petitioners on review/respondents on review Metropolitan Pediatrics, LLC, and Mary K. Wagner, MD. Lindsey H. Hughes, Keating Jones Hughes, P.C., Portland, argued the cause and filed the briefs for petitioner on review/respondent on review Legacy Emanuel Hospital & Health Center. Also on the briefs was Hillary A. Taylor , Portland.

Kathryn H. Clarke , Portland, argued the cause and filed the briefs for respondents on review/petitioners on review Kerry Tomlinson and Scott Tomlinson. Also on the briefs were William A. Gaylord , Linda K. Eyerman , and Craig A. Nichols , Portland.

Travis Eiva , Eugene, filed the brief on behalf of amicus curiae Oregon Trial Lawyers Association.

Before Balmer, Chief Justice, and Kistler, Walters, Nakamoto, and Flynn, Justices, and Brewer and Landau, Senior Justices pro tempore.

This is an appeal from a trial court judgment dismissing plaintiffs' complaint under ORCP 21 A(8) for failure to allege facts sufficient to state claims for relief. Plaintiffs Kerry and Scott Tomlinson (the parents) and their son, T, brought separate negligence claims against defendants Mary K. Wagner, MD., Metropolitan Pediatrics...

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