Tenderella v. Kaiser Permanente

Plaintiffs move for reconsideration of our previous decision, in which we affirmed this case without opinion. Tenderella v. Kaiser Permanente, 137 Or App 438, 904 P2d 1094 (1995). We grant the motion in order to respond to their argument on reconsideration and adhere to our previous decision.

Plaintiffs brought a claim for medical malpractice against defendants. The claim was arbitrated pursuant to an agreement between the parties. Under the applicable agreement, each side chose one arbitrator, who together chose the third, neutral arbitrator. After an extensive hearing, the arbitrators…