Due-Donohue v. Beal

The trial court dismissed plaintiffs medical malpractice action after granting defendants’ motion for summary judgment. The court concluded that the only issues of material fact were raised in an affidavit submitted by plaintiff, a nonattorney acting pro se, asserting that she had retained an unnamed qualified expert whose testimony would create a question of fact and that, under the Oregon Rules of Civil Procedure (ORCP), such an affidavit was ineffective because it was not submitted by plaintiffs attorney. As the material facts are undisputed, we review the trial court’s action for errors…