Opinion
82-1234; CA A29922
Argued and submitted June 15, 1984
Affirmed in part, reversed in part July 11, 1984 Reconsideration denied August 31, 1984 Petition for review denied October 9, 1984
Appeal from Circuit Court, Linn County.
William O. Lewis, Judge.
Allison Smith, Albany, argued the cause for appellant. With her on the brief was Jackson L. Frost, District Attorney, Albany.
Gary E. Norman, Albany, argued the cause for respondents Albany General Hospital, Albany Anesthesia, P.C. and Mid-Valley Orthopedic Clinic, P.C. With him on the brief was Scott Norman, Albany.
Merle A. Long, Albany, waived appearance for respondent City of Albany.
No appearance for respondent Michael P. Dalton.
Before Gillette, Presiding Judge, and Van Hoomissen and Young, Judges.
PER CURIAM
Affirmed in part; reversed in part.
This was an action brought by plaintiffs against, inter alia, defendant Linn County for medical services rendered in treating defendant Dalton for injuries that he sustained in a gunfight with defendant City of Albany's police officers. Only Linn County appeals the resulting judgment, challenging (1) the trial court's determination that it is responsible and (2) the award of prejudgment interest. On appeal, we affirm the trial court's determination that the county is responsible for the medical expenses incurred. Bd of Higher Educ. v. Wash. Co., 52 Or. App. 369, 629 P.2d 373, rev den 291 Or. 368 (1981); Rogue Valley Memorial Hosp. v. Jackson Cty., 52 Or. App. 357, 629 P.2d 377, rev den 291 Or. 368 (1981). The portion of the judgment awarding prejudgment interest is reversed. See Seton v. Hoyt, 34 Or. 266, 55 P. 967 (1899).
Judgment was taken by default against defendant Dalton. Defendant City of Albany was found not responsible for the medical services.
Affirmed in part; reversed in part.