Actions and Suits in Particular Cases

ORS 30.070
Settlement

  • discharge of claim


The personal representative of the decedent, with the approval of the court of appointment, shall have full power to compromise and settle any claim of the class described in ORS 30.030 (Distribution of damages), whether the claim is reduced to judgment or not, and to execute such releases and other instruments as may be necessary to satisfy and discharge the claim. The party paying any such claim or judgment, whether in full or in part, or in an amount agreed upon in compromise, shall not be required to see that the amount paid is applied or apportioned as provided in ORS 30.030 (Distribution of damages) to 30.060 (Appeal from order of distribution or apportionment), but shall be fully discharged from all liability on payment to the personal representative.

Notes of Decisions

Under this section, beneficiaries of wrongful death claim are not entitled to notice and opportunity to participate in proceedings for approval of settlement. Hughes v. White, 289 Or 13, 609 P2d 365 (1980)

Approval by court is condition precedent to negotiation of legally binding agreement for settlement of wrongful death claim. Busch v. Farmington Centers Beaverton, 203 Or App 349, 124 P3d 1282 (2005), Sup Ct review denied

§§ 30.010 to 30.100

Notes of Decisions

Parents of minor child may not recover compensation for loss of child's society and companionship when child is negligently injured. Beerbower v. State ex rel Oregon Health Sciences, 85 Or App 330, 736 P2d 596 (1987), Sup Ct review denied


Source

Last accessed
Jun. 26, 2021