Nixon v. Cascade Health Services, Inc.

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’s alleged negligence, to defendant’s efforts to collect payment from plaintiff for unpaid medical services? We conclude that the trial court…