HAUGH v. KILMER

A8308-05354; CA A32491.

692 P.2d 631 (1984)

71 Or.App. 345

John HAUGH, Personal Representative of the Estate of Brian P. Bunting, Deceased, Appellant, v. Henry J. KILMER, Jr. and North Clackamas County School District, Respondents.

Court of Appeals of Oregon.

Decided December 12, 1984.


Attorney(s) appearing for the Case

Mark B. Weintraub, Portland, argued the cause for appellant. On the brief were Jean Fogarty, and Gilbertson, Brownstein, Rask, Sweeney, Kerr & Grim, Portland.

Lee Aronson, Portland, argued the cause for respondents. On the brief were John H. Holmes, Michael S. Morey, and Holmes, DeFrancq & Schulte, P.C., Portland.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.


YOUNG, Judge.

This is a wrongful death action. ORS 30.020(1). Plaintiff, as personal representative of decedent's estate, appeals from a summary judgment. The dispositive issue is whether the trial court erred in deciding, as a matter of law, that a release signed by the parents of decedent, before plaintiff's appointment as personal representative, barred the action. We affirm.

In 1981, decedent, a minor, was struck and killed by a van operated by defendant...

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