Jefferis v. Marzano

Full title: JEFFERIS, Appellant, v. MARZANO et al, Respondents

Court: Oregon Court of Appeals

Date published: Apr 4, 1984

67 Or. App. 527 (Or. Ct. App. 1984)

Opinion

16-79-93226; CA A21703

reconsideration filed February 7, 1984 Opinion on reconsideration filed January 25, 1984

Affirmed without opinion September 28, 1983 Reconsideration allowed; opinion modified April 4, 1984

Appeal from Circuit Court, Lane County.

Douglas R. Spencer, Judge.

Patrick J. Kouba, and Atherly, Butler Burgott, Eugene for respondent Pathology Consultants' petition.

Before Buttler, Presiding Judge and Warren and Rossman, Judges.

ROSSMAN, J.

Petition for reconsideration allowed; opinion modified to reflect that trial court judgment is affirmed with respect to Pathology Consultants.

ROSSMAN, J.

We grant Pathology Consultants' petition for reconsideration for the limited purpose of modifying our previous opinion so that it reflects that our reversal of the trial court judgment only applies to defendant Marzano. The evidentiary error which necessitated that reversal was unrelated to Pathology Consultants, so the trial court judgment should have been affirmed as to that defendant. Elliot v. Callan, 255 Or. 256, 466 P.2d 600 (1970). The former opinion is adhered to in all other respects.

Petition for reconsideration allowed; opinion on reconsideration modified to reflect that the trial court judgment is affirmed with respect to Pathology Consultants.