Finch v. Carlton

(dissenting) — The present case is clearly *36distinguishable from the case of Pepper v. Evanson, 70 Wn.2d 309, 422 P.2d 817 (1967) cited as controlling by the majority. Pepper factually confronts a situation of known personal injury, compounded with later-discovered injuries of an independent nature, indicating the subject of personal injuries was discussed and negotiated prior to the execution of the release. The instant case includes neither a known personal injury nor reasonable basis to suspect the existence of an injury at the date the release was given. Further, consideration given for…