Martineau v. McKenzie-Willamette Medical Center

The Court grants Plaintiff's petition for reconsideration of their earlier decision in Martineau v. McKenzie-Willamette Medical Center, 371 Or 247, 533 P3d 1 (2023).

Plaintiff petitioned the Court for reconsideration of its judgment in Martineau v. McKenzie-Willamette Medical Center, 371 Or 247, 533 P3d 1 (2023) that reversed the decision of the Court of Appeals and affirmed judgment for defendants.   On appeal, plaintiff sought a re-examination of the Court’s opinion and disposition, and a clarification to footnote 14 of the opinion.  The Court declined to revisit their opinion, but conceded that the disposition was in error because Plaintiff’s second, third, and fourth assignments of error regarding evidentiary rulings in trial court were not reviewed on appeal.  The Court additionally edited the contested footnote for clarity.  The Court granted plaintiff’s petition and modified the disposition to affirm the reversal of the Court of Appeals decision and remand to the Court of Appeals to hear Plaintiff’s remaining assignments of error.  Reversed and remanded.