 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Keller v. Armstrong World Industries2/9/2005
ty" as the majority asserts, or for that matter, any persuasive weight by itself. Rather, it depends on whether the possibility asserted has a sufficient factual basis that would prompt a reasonable person to conduct further inquiry.
Second, no reasonable trier of fact could find based on the ordinary meaning of the phrase that plaintiff had only a "mere suspicion" that defendants' products caused his disease, given plaintiff's consistent assertions to medical providers as to the cause of his disease, the evidence of his own physicians' opinions, and the allegations contained in the disability claims that he filed. Even the majority implicitly acknowledges that fact when it concedes that plaintiff's doctors presented him "with a number of equally plausible factual explanations" for his disease. ___ Or App at ___ (slip op at 18). Clearly, if an explanation given by a medical provider is "plausible," a reasonable plaintiff has more than a mere suspicion about the cause of a disease and the obligation to inquire further. In other words, plaintiff reasonably could not be characterized as being in the shoes of the plaintiff injured by medical malpractice who suspects that he has been injured by his medical provider but lacks any medical evidence to supports his conjecture.
For the above reasons, I dissent.
Ortega, J., joins in this dissent.
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Oregon Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|