ENTRY FORM

CALENDAR STATUS: Active
SC Number:
S060533
CA Number:
Case Title:
Richard A. Kohring v. James C. Ballard, M.D.
Date:
04/30/2013
Time:
01:30 PM
Location:
Supreme Court Case 4
Attorneys:
Janet M. Schroer on behalf of James C. Ballard M.D., and Oregon Orthopedic & Sports Medicine Clinic, LLP
Kathryn Clarke on behalf of Richard A. Kohring and Kerstin Kohring
Comments:
Statement of Issues:
Richard A. Kohring v. James C. Ballard, M.D. (S060533) (original mandamus proceeding involving an order from Multnomah County Circuit Court).

Relators James C. Ballard, M.D., and Oregon Orthopedic & Sports Medicine Clinic, LLP (Oregon Orthopedics), are defendants in a medical negligence action brought by plaintiffs Richard A. Kohring and Kerstin Kohring in Multnomah County. Defendants filed a motion to change venue to Clackamas County, alleging that Multnomah County was not the proper venue for either defendant. Plaintiffs responded that venue was proper because Oregon Orthopedics conducts regular, sustained business activity in Multnomah County. The trial court issued an order denying defendants' motion. Defendants challenged that order via a petition for an alternative writ of mandamus. The Oregon Supreme Court allowed the petition and issued an alternative writ of mandamus.

The issue in this mandamus proceeding is the meaning of the phrase "where the corporation * * * conducts regular, sustained business activity" for purposes of the general venue statute, ORS 14.080.

The foregoing summary of a Supreme Court case that is scheduled for oral argument has been prepared for the benefit of the public. Parties and practitioners should rely on neither the factual summary set out above, nor the statement of issues to be decided, as delineating the questions that the Supreme Court ultimately may consider on review. See generally Oregon Rule of Appellate Procedure 9.20.
Justice(s) NOT Participating:


Last Revised: 04/23/2013