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MANN v. WETTER

No. A8709-05598; CA A49693.

785 P.2d 1064 (1990)

100 Or.App. 184

Rosalyn M. MANN, the Personal Representative of the Estate of Bruce E. Virkler, Appellant, v. Stephen D. WETTER and Horizon Water Sports, Inc., an Oregon Corporation, Respondents.

Court of Appeals of Oregon, In Banc.

Resubmitted November 8, 1989.

Decided January 17, 1990.

Reconsideration Denied March 2, 1990.

Attorney(s) appearing for the Case

J. William Savage, Portland, argued the cause for appellant. With him on the briefs was Rieke, Geil & Savage, P.C., Portland.

Christopher C.S. Blattner, Portland, argued the cause for respondents. With him on the brief were Mitchell A. Goldstein, and Joseph, Babener & Carpenter, Portland.

Resubmitted In Banc November 8, 1989.

DEITS, Judge.

Plaintiff, as personal representative of the estate of Bruce E. Virkler, brought this wrongful death action against defendants, alleging negligence in conducting a scuba diving instructional program. The trial court granted defendants' motion for summary judgment, based on a release signed by Virkler. Plaintiff appeals. We reverse as to defendant Wetter.

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