Smith v. Pernoll

*397RICHARDSON, J.

This is a civil suit alleging malpractice against defendant doctors, who are employes of the State of Oregon. The issue is whether the plaintiff must present notice of the tort claim within 180 days of its occurrence under ORS 30.2751 when the state employes are sued individually but the state is not joined as a defendant.

Plaintiff’s cause of action arises out of allegedly negligent surgery performed by defendants. Plaintiff’s first complaint alleged the defendants were agents of the state. Defendants’ demurrer to the complaint, on the ground it failed to plead that a notice was…