Duncan v. Augter

*252WARREN, J.

Plaintiff commenced this medical malpractice action in 1976, seeking damages for injuries resulting from surgery performed by defendant in 1968. Defendant demurred, alleging that the claim was barred by the applicable statute of limitations, ORS 12.110(4). The trial court overruled the demurrer, and trial resulted in a verdict for plaintiff. The Supreme Court reversed, holding that the demurrer should have been sustained. Duncan v. Augter, 286 Or 723, 596 P2d 555 (1979). The mandate issued by the Supreme Court remanded for further proceedings and the trial court allowed plaintiff to…