Albany General Hospital v. Dalton

Court of Appeals of Oregon

Albany General Hospital v. Dalton

684 P.2d 34

CourtCourt of Appeals of Oregon

DecidedJuly 11, 1984

Docket82-1234 CA A29922

StatusPublished

Cited by4 cases

This text of 684 P.2d 34 (Albany General Hospital v. Dalton) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Albany General Hospital v. Dalton, 684 P.2d 34 (Or. Ct. App. 1984).

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Opinion

684 P.2d 34 (1984) 69 Or.App. 204

ALBANY GENERAL HOSPITAL, Albany Anesthesia, P.C. and Mid-Valley Orthopedic Clinic, P.C., Respondents,
v.
Michael P. DALTON, Respondent, Linn County, a Political Subdivision of the State of Oregon, Appellant, City of Albany, Oregon, a Municipal Corporation, Respondent.

No. 82-1234; CA A29922.

Court of Appeals of Oregon.

Argued and Submitted June 15, 1984. Decided July 11, 1984. Reconsideration Denied August 31, 1984.

Allison Smith, Albany, argued the cause for appellant. With her on the brief was Jackson L. Frost, Dist. Atty., Albany.

Gary E. Norman, Albany, argued the cause for respondents Albany General Hosp., Albany Anesthesia, P.C. and Mid-Valley Orthopedic Clinic, P.C. With him on the brief was Scott & Norman, Albany.

Merle A. Long, Albany, waived appearance for respondent City of Albany.

No appearance for respondent Michael P. Dalton.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.

PER CURIAM.

This was an action brought by plaintiffs against, inter alia, defendant Linn County for medical services rendered in treating defendant Dalton for injuries that he sustained in a gunfight with defendant City of Albany's police officers. Only Linn County appeals the resulting judgment,^[1] challenging (1) the trial court's determination that it is responsible and (2) the award of prejudgment interest. On appeal, we affirm the trial court's determination that the county is responsible for the medical expenses incurred. Bd of Higher Educ. v. Wash. Co., 52 Or. App. 369, 629 P.2d 373, rev. den. 291 Or. 368, 634 P.2d 1347 (1981); Rogue Valley *35 Memorial Hosp. v. Jackson Cty., 52 Or. App. 357, 629 P.2d 377, rev. den. 291 Or. 368, 634 P.2d 1347 (1981). The portion of the judgment awarding prejudgment interest is reversed. See Seton v. Hoyt, 34 Or. 266, 55 P. 967 (1899).

Affirmed in part; reversed in part.

NOTES

[1] Judgment was taken by default against defendant Dalton. Defendant City of Albany was found not responsible for the medical services.

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684 P.2d 34 (1984) 69 Or.App. 204

ALBANY GENERAL HOSPITAL, Albany Anesthesia, P.C. and Mid-Valley Orthopedic Clinic, P.C., Respondents,
v.
Michael P. DALTON, Respondent, Linn County, a Political Subdivision of the State of Oregon, Appellant, City of Albany, Oregon, a Municipal Corporation, Respondent.

No. 82-1234; CA A29922.

Court of Appeals of Oregon.

Argued and Submitted June 15, 1984. Decided July 11, 1984. Reconsideration Denied August 31, 1984.

Allison Smith, Albany, argued the cause for appellant. With her on the brief was Jackson L. Frost, Dist. Atty., Albany.

Gary E. Norman, Albany, argued the cause for respondents Albany General Hosp., Albany Anesthesia, P.C. and Mid-Valley Orthopedic Clinic, P.C. With him on the brief was Scott & Norman, Albany.

Merle A. Long, Albany, waived appearance for respondent City of Albany.

No appearance for respondent Michael P. Dalton.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.

PER CURIAM.

This was an action brought by plaintiffs against, inter alia, defendant Linn County for medical services rendered in treating defendant Dalton for injuries that he sustained in a gunfight with defendant City of Albany's police officers. Only Linn County appeals the resulting judgment,^[1] challenging (1) the trial court's determination that it is responsible and (2) the award of prejudgment interest. On appeal, we affirm the trial court's determination that the county is responsible for the medical expenses incurred. Bd of Higher Educ. v. Wash. Co., 52 Or. App. 369, 629 P.2d 373, rev. den. 291 Or. 368, 634 P.2d 1347 (1981); Rogue Valley *35 Memorial Hosp. v. Jackson Cty., 52 Or. App. 357, 629 P.2d 377, rev. den. 291 Or. 368, 634 P.2d 1347 (1981). The portion of the judgment awarding prejudgment interest is reversed. See Seton v. Hoyt, 34 Or. 266, 55 P. 967 (1899).

Affirmed in part; reversed in part.

NOTES

[1] Judgment was taken by default against defendant Dalton. Defendant City of Albany was found not responsible for the medical services.

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Bluebook (online)

684 P.2d 34, Counsel Stack Legal Research, https://law.counselstack.com/opinion/albany-general-hospital-v-dalton-orctapp-1984.

Opinion

ALBANY GENERAL HOSPITAL, Albany Anesthesia, P.C. and Mid-Valley Orthopedic Clinic, P.C., Respondents, v. Michael P. DALTON, Respondent, Linn County, a Political Subdivision of the State of Oregon, Appellant, City of Albany, Oregon, a Municipal Corporation, Respondent.

NOTES

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ALBANY GENERAL HOSPITAL, Albany Anesthesia, P.C. and Mid-Valley Orthopedic Clinic, P.C., Respondents,
v.
Michael P. DALTON, Respondent, Linn County, a Political Subdivision of the State of Oregon, Appellant, City of Albany, Oregon, a Municipal Corporation, Respondent.