Remington v. State

The trial court granted defendant’s motion for summary judgment on the ground that plaintiffs claim for breach of a settlement agreement was barred by what the trial court characterized as a prior common law arbitration award. Plaintiff appeals, and we reverse.

Summary judgment should be granted only when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Lamorie v. Warner Pacific College, 119 Or App 309, 312, 850 P2d 401 (1993). The trial court held that plaintiffs request for a settlement status conference while the case was still…