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SKINNER v. MICHAELS

No. 35469; CA 19962.

646 P.2d 1345 (1982)

58 Or.App. 59

Robert B. SKINNER, Appellant, v. Rodney Douglas MICHAELS and Darwin D. Michaels, Respondents.

Court of Appeals of Oregon.

Filed June 23, 1982.

Attorney(s) appearing for the Case

J. Britton Conroy, Corvallis, argued the cause for appellant. With him on the brief was Ringo, Walton, Eves & Gardner, P.C., Corvallis.

Thomas H. Tongue, Portland, argued the cause for respondent. With him on the brief was Morrison, Dunn, Cohen, Miller & Carney, Portland.

Before GILLETTE, P.J., JOSEPH, C.J., and YOUNG, J.

YOUNG, Judge.

This is an action to recover damages for personal injuries caused by the alleged negligent operation of an automobile by defendant Rodney Douglas Michaels.1 The trial court granted defendant's motion for judgment on the pleadings, ORCP 21B, on the grounds that plaintiff had signed a "release of all claims" and that the reply did not plead an avoidance of the release. Plaintiff appeals, and we reverse.

The amended...

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