Zavalas v. State Ex Rel. Department of Corrections

*169LEESON, J.

In these consolidated cases, plaintiffs appeal a summary judgment dismissing their negligence and wrongful death actions against physician Roger Smith (defendant). On review of a summary judgment, we determine whether the moving party is entitled to judgment as a matter of law. We view any evidence and all reasonable inferences to be drawn therefrom in the light most favorable to the nonmoving party. Stevens v. Bispham, 316 Or 221, 851 P2d 556 (1993). We reverse.

Plaintiff Zavalas is the personal representative of two children who died when Donna Shonkwiler struck them wdth her…