|CALENDAR STATUS: Active|
|Peggy N. Trees v. Julio A. Ordonez, M.D.|
|Oregon State University|
|Rick Pope on behalf of Peggy N. Trees|
Larry A. Brisbee on behalf of Julio A. Ordonez, M.D. and Portland Neurosurgical Center PC
Statement of Issues:
|Peggy N. Trees v. Julio A. Ordonez, M. D. (S060752) (A139893) (appeal from Multnomah County Circuit Court; opinion reported at 250 Or App 229, 279 P3d 337 (2012).|
Plaintiff Peggy N. Trees has been granted review of a Court of Appeals decision that affirmed a trial court's grant of a directed verdict to defendant Julio A. Ordonez, M.D., on the issue of negligence.
On review, the issues are:
(1) Can expert testimony from a nonphysician be used to establish the standard of care against which to measure a defendant physician's conduct in installing a medical device?
(2) Does the doctrine of res ipsa loquitur apply in a medical malpractice case in which the plaintiff alleges injuries sustained as a result of the improper installation or assembly of a medical device and in which there is some evidence that the plaintiff's injuries would not have occurred in the absence of negligence?
(3) Did the Court of Appeals improperly draw all inferences in favor of the moving party in its review of the trial court's decision to grant defendant's motion for a directed verdict on the issue of negligence?
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: