Opinion
CC CV-90-188; CA A67100; SC S40216
Argued January 5, 1993 Submitted January 5, 1993 resubmitted March 22, 1994
review dismissed as improvidently allowed March 24, 1994
In Banc
On review from the Court of Appeals.
Appeal from Umatilla County Circuit Court, Jack F. Olsen, Judge. 118 Or. App. 377, 847 P.2d 879 (1993).
Martin E. Hansen, of Karnopp, Petersen, Noteboom, Hubel, Hansen Arnett, Bend, argued the cause for petitioner on review. With him on the petition were Howard G. Arnett and Brian L. Gingerich, Bend.
W. Eugene Hallman, of Mautz, Hallman, Pendleton, argued the cause and filed the response for respondents on review.
Stephen J. Connolly, Eric A. Lindenauer, Richard Baroway, and Garvey, Schuber, Barer, Portland, filed a brief amicus curiae on behalf of Blue Cross and Blue Shield of Oregon.
John R. Faust, Jr., of Schwabe, Williamson Wyatt, Portland, filed a brief amicus curiae on behalf of Standard Insurance Company.
Bruce J. Brothers, of Brothers, Drew Steelhammer, Bend, filed a brief amicus curiae on behalf of Oregon Trial Lawyers Association.
MEMORANDUM OPINION
Review dismissed as improvidently allowed.
Carson, Chief Justice, and Gillette and Fadeley, Justices, would not have dismissed.