Legal Opinion

Marcum v. Adventist Health System/West

Court of Appeals of Oregon

Decided September 26, 2007No. 040505205; A129660PublishedCited by 5 opinions

1Opinion of the Court

*169HASELTON, P. J.

Plaintiff appeals in this case involving claims of medical negligence, informed consent, and “spoliation” of relevant documents. The court directed verdicts in defendants’1 favor on all claims. Plaintiff appeals, arguing that the trial court erred in excluding her scientific evidence of medical causation. See State v. O’Key, 321 Or 285, 899 P2d 663 (1995); State v. Brown, 297 Or 404, 687 P2d 751 (1984). In addition, with respect to her informed consent and negligent spoliation claims, plaintiff asserts that the trial court erred in directing verdicts in defendants’ favor on…

2Cases cited23 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Moore v. Ashland Chemical Inc.Court of Appeals for the Fifth Circuit · 1998
  3. Westberry v. Gislaved Gummi ABCourt of Appeals for the Fourth Circuit · 1999
  4. Fazzolari v. Portland School District No. 1JOregon Supreme Court · 1987
  5. Johnny C. McClain v. Metabolife International, IncCourt of Appeals for the Eleventh Circuit · 2005

18 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Marcum v. Adventist Health System/WestOregon Supreme Court · 2008
  2. Halsey v. Airbus Helicopters S.A.S.District Court, D. Oregon · 2025
  3. Marcum v. Adventist Health System/WestCourt of Appeals of Oregon · 2007
  4. McGuffin v. Oregon State PoliceDistrict Court, D. Oregon · 2025
  5. Walker v. Portland Public School No. 1JDistrict Court, D. Oregon · 2022

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