Guerin v. Beamer

Plaintiffs filed a notice of dismissal on the day that argument was set on defendant’s motion for summary judgment. The trial court granted defendant’s summary judgment motion, ruled that plaintiffs’ notice of dismissal was moot, and entered judgment for defendant. We reverse and remand.

Plaintiffs sued defendant for medical malpractice. On September 29, 1997, defendant filed a motion for summary judgment. The motion was supported by defendant’s affidavit stating that he had exercised reasonable care. Plaintiffs did not respond to defendant’s motion within the 20-day period provided by ORCP 47…