Korgan v. Walsleben

Defendant seeks reconsideration of our opinion in this case. 127 Or App 625, 874 P2d 1334 (1994). We allow the motion and modify our opinion.

Defendant first argues that, in our discussion of the claim for violation of ORS 9.460, we incorrectly stated that he did not raise the issue of special injury in the trial court. See 127 Or App at 629. Even assuming that defendant is correct that he raised the issue, the reasoning of Hendgen v. Forest Grove Community Hospital, 98 Or App 675, 780 P2d 779 (1989), on which we relied in our opinion, applies with equal force. Because the trial court has not…