Perez by and through Yon v. Bay Area Hosp.
| Decision Date | 12 August 1992 |
| Citation | 114 Or.App. 635,836 P.2d 1358 |
| Parties | Christina Marie PEREZ, a minor child, By and Through her guardian ad litem Julie YON, and Julie Yon, individually, Appellants, v. BAY AREA HOSPITAL; Pat Perry Stadden; Children's Services Division, Department of Human Resources, State of Oregon; and Alan Nickerson, Respondents, and Does 1-20, Defendants. 89 CV 0685; CA A66877. |
| Court | Oregon Court of Appeals |
On respondent Bay Area Hospital's petition for reconsideration. Opinion filed April 8, 1992, 112 Or.App. 288, 829 P.2d 700.
W.V. Deatherage, Robert E. Bluth and Frohnmayer, Deatherage, Pratt, Jamieson & Turner, P.C., Medford, for petition.
Before BUTTLER, P.J., and ROSSMAN and De MUNIZ, JJ.
Petition for reconsideration denied.
Because I would allow Bay Area Hospital's petition for reconsideration for the reasons stated in my dissent in Mann v. Dept of Trans., 114 Or.App. 562, 836 P.2d 1353 (decided this date), I dissent from the majority's denial of the petition.
I would withdraw our decision and affirm the trial court's dismissal of the child's negligence claim.
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Mann v. Department of Transp.
...is appointed for the child. That is correct. Perez v. Bay Area Hospital, 112 Or.App. 288, 294, 829 P.2d 700, recon. denied, 114 Or.App. 635, 836 P.2d 1358 (1992); Banda v. Danner, 87 Or.App. 69, 74, 741 P.2d 514 (1987), aff'd by an equally divided court, 307 Or. 302, 766 P.2d 385 (1988). Pl......