Hendgen v. Forest Grove Community Hospital

[98 OrApp Page 677] Plaintiff brought this action for medical negligence and intentional infliction of emotional distress1 arising out of defendant physician Garland's treatment of plaintiff at the emergency room of defendant hospital. Defendants moved for summary judgment on the negligence claim only and filed a supporting affidavit in which Garland averred that the care that plaintiff received met the applicable standard of care. They filed no other affidavits. Plaintiff did not furnish opposing evidence. The trial court granted the motion as to the negligence claim and, on its own motion, granted a summary judgment for defendants on the emotional distress claim as well. Plaintiff appeals from the resulting judgment.