Marshall v. Korpa

Plaintiffs appeal from a summary judgment for defendant. ORCP 47C. The questions presented are whether plaintiffs’ medical malpractice claims are barred by either issue preclusion or judicial estoppel, and whether the court erred when it excluded evidence pre-trial. We reverse.

According to the summary judgment record, defendant, who was plaintiff Bill Marshall’s 1 physician, prescribed certain medications to treat headaches. Plaintiff, who worked as a log truck driver, asked defendant whether the medication could affect his ability to drive and was told that it would not. Plaintiff took the…