Filed: March 25, 1999

ROBERT W. BROWN, personal
representative of the estate
of Leonore Brown; and ROBERT W.
BROWN,

Petitioners on Review,

v.

THOMAS M. HAUN, M.D., and
THOMAS M. HAUN, M.D., P.C.,
an Oregon corporation,

Respondents on Review.

On review from the Court of Appeals.*

Argued and submitted September 10, 1997.

Kathryn H. Clarke, Portland, argued the cause and filed the brief for petitioners on review. With her on the brief was D. Lawrence Wobbrock, Portland.

Janet Schroer, Portland, argued the cause and filed the brief for respondents on review. With her on the brief were Marjorie A. Speirs, and Hoffman, Hart & Wagner, Portland.

Robert S. Sola and Brooks F. Cooper, Portland, filed a brief for amicus curiae Oregon Trial Lawyers Association.

Paul A. Cooney, of Cooney & Crew, P.C., Portland, filed a brief for amicus curiae Oregon Medical Association.

G. Kenneth Shiroishi and Kathryn M. Pratt, of Dunn, Carney, Allen, Higgins & Tongue, Portland, filed a brief for amicus curiae Oregon Association of Defense Counsel.

Before Carson, Chief Justice, and Gillette, Durham, and Kulongoski, Justices.**

MEMORANDUM OPINION

The decision of the Court of Appeals is affirmed by an equally divided court.

*Appeal from Multnomah County Circuit Court,

Donald H. Londer, Judge.

144 Or App 245, 925 P2d 166 (1996).

**Fadeley, J., retired January 31, 1998, and did not participate in this decision; Graber, J., resigned March 31, 1998, and did not participate in this decision; Van Hoomissen, J., did not participate in the consideration or decision of this case.