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Gaston v. Parsons

Supreme Court of Oregon
864 P.2d 1319 (1994)


Facts

In 1987, Timothy Gaston (plaintiff) underwent a surgical procedure performed by William Parsons (defendant) to resolve muscle-spasm issues. Gaston was a partial quadriplegic and only had the use of his left arm. After the surgery, Gaston’s left arm became numb and did not function. Parsons assured Gaston that the issue was temporary and would last from 6 months to two years. Gaston did not regain the use of his left arm within two years following the surgery and brought an action against Parsons for negligence. The trial court granted Parson’s motion for summary judgment, holding that the statute of limitations barred Gaston’s claim. Gaston appealed, and the court of appeals reversed, holding that the statute of limitations did not begin to run until Gaston should have known of Parsons’s negligence. Parsons petitioned for review of the determination.

Rule of Law

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Issue

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Holding and Reasoning (Unis, J.)

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Dissent (Peterson, J.)

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