WHEELER v. WHITE ROCK BOTTLING CO.


229 Or. 360 (1961)

366 P.2d 527

WHEELER v. WHITE ROCK BOTTLING CO.

Supreme Court of Oregon.

Reversed November 22, 1961.

Petition for rehearing denied December 29, 1961.


Attorney(s) appearing for the Case

Duane Vergeer, Portland, argued the cause for appellant. With him on the brief were Charles S. Crookham and Vergeer & Samuels, Portland.

George L. Wagner, Portland, argued the cause for respondent. With him on the brief were John Gordon Gearin and Koerner, Young, McColloch & Dezendorf, Portland.

Before McALLISTER, Chief Justice, and SLOAN, O'CONNELL, GOODWIN and BRAND, Justices.


REVERSED WITH INSTRUCTIONS.

GOODWIN, J.

Defendant appeals from a decree permitting plaintiff to rescind a release and proceed with an action for damages for personal injuries.

Defendant's truck collided with the automobile in which plaintiff was riding. As a result of a painful back, plaintiff consulted her family doctor whom she was also seeing in connection with a pregnancy. He told her she would continue to have pain until after the pregnancy was...

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