Sullenger v. Setco Northwest, Inc.

In this medical malpractice case, plaintiff, as conservator for her daughter Leona, appeals from a summary judgment for defendant McNeal. On review, we decide whether the pleadings and evidence present issues of fact which should have gone to the jury. Jones v. Oberg, 52 Or App 601, 628 P2d 773, rev den 291 Or 662 (1981). We conclude, as did the trial court, that the uncontroverted facts show that defendant owed no duty to plaintiffs daughter and that he was entitled to judgment as a matter of law. Accordingly, we affirm.

We view the facts in the record on summary judgment in the light most…