Legal Opinion · Concurrence

Ransom v. Radiology Specialists of the Nw.

Oregon Supreme Court

Decided August 23, 2018No. CC 15CV08484 (SC S064309)Published

1Concurrence

LANDAU, S. J., concurring.

I agree with the majority that there is no basis for the trial court's decision to limit the questioning of the radiologists. Nothing in the text of ORCP 36 supports it; in fact, the text of the rule requires the contrary result. Nor does Stevens v. Czerniak , 336 Or. 392, 84 P.3d 140 (2004), compel such a limit on deposition questioning.

I write separately to raise the question whether Stevens was correctly decided in the first place. With heartfelt respect for my colleagues who decided that case, I don't understand how it squares with basic principles of statutory…

2Cases cited7 opinions

  1. State v. GainesOregon Supreme Court · 2009
  2. Stevens v. CzerniakOregon Supreme Court · 2004
  3. Monaco v. United States Fidelity and Guaranty Co.Oregon Supreme Court · 1976
  4. Wyers v. American Medical Response Northwest, Inc.Oregon Supreme Court · 2016
  5. Bauder v. Farmers InsuranceOregon Supreme Court · 1986

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