NIXON v. CASCADE HEALTH SERVICES, INC.

04CV0149MA; A126853.

134 P.3d 1027 (2006)

205 Or. App. 232

Jeremy NIXON, Appellant, v. CASCADE HEALTH SERVICES, INC., dba St. Charles Medical Center, an Oregon corporation, Respondent.

Court of Appeals of Oregon.

Decided April 26, 2006.


Attorney(s) appearing for the Case

Timothy J. Vanagas, Gresham, argued the cause for appellant. With him on the brief was Samuel T. Stanke.

Cecil Reniche-Smith, Portland, argued the cause for respondent. With her on the brief were Janet M. Schroer and Hoffman, Hart & Wagner, LLP.

Before HASELTON, Presiding Judge, and WOLLHEIM and ROSENBLUM, Judges.


HASELTON, P.J.

Plaintiff appeals in this declaratory judgment action, ORS 28.020, assigning error to the allowance of summary judgment for defendant. The substantive dispute concerns the proper interpretation of a "Release and Hold Harmless Agreement" (release agreement) that the parties executed in settling a medical malpractice action by plaintiff against defendant. In particular, does that agreement preclude plaintiff from asserting a defense, based on defendant...

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