14. JURISDICTION Biggs v. Robert Thomas O.D., Inc., 133 Or App 621, rev den, 321 Or 560 (1995). Personal Jurisdiction Plaintiff’s mother filed a medical malpractice action against a California optometrist. Defendant moved to dismiss for lack of personal jurisdiction. Plaintiff has the burden of establishing facts showing jurisdiction. Oregon courts apply a two-part test for determining whether to assert personal jurisdiction over nonresident defendants: (1) does the case fall within the terms of the long-arm statute, ORCP 4?; and if so, (2) does due process permit an Oregon court as a matter of federal constitutional law, to obtain and exercise personal jurisdiction over the defendant in such a case. There was no personal jurisdiction where the defendant’s only contact with the plaintiff was a telephone conversation initiated by plaintiff. Bachman v. Medical Engineering Corp., 81 Or App 85 (1986). Personal Jurisdiction Plaintiff, while a resident of Washington state, was treated by a Washington physician and had surgery at a Washington hospital in which she received breast implants manufactured by the defendant Medical Engineering Corp. Plaintiff then moved to Oregon and later instituted this action. Defendants moved to dismiss for lack of personal jurisdiction. Dismissal of physician and hospital was proper when they treated plaintiff only in Washington and did no business in Oregon. Dismissal of the defendant manufacturer was improper when the evidence established that the manufacturer conducted substantial business in Oregon.
								Chapter 15 JUROR MISCONDUCT
			Chapter 13 INSURANCE