Legal Opinion · Dissent

Bennett v. Shinoda Floral, Inc.

Washington Supreme Court

Decided July 2, 1987No. 52758-0, 52846-2Published

1DissentDolliver, J.

(dissenting) — I believe there is no principled basis for drawing a distinction between these cases and Finch v. Carlton, 84 Wn.2d 140, 524 P.2d 898 (1974). The *398language of Finch, the cases it cited and others decided since then, and the policies underlying Finch cannot support creating a dichotomy between releasors who believe they have no injuries and releasors who believe their injuries to be minor when in fact the injuries are permanently and totally disabling. I must dissent.

The majority concedes the language of Finch is ambiguous and does not clearly support its conclusion excluding…

2Cases cited22 opinions

  1. Mangini v. McClurgNew York Court of Appeals · 1969
  2. Casey v. ProctorCalifornia Supreme Court · 1963
  3. Denton v. UtleyMichigan Supreme Court · 1957
  4. Farrington v. Harlem Savings BankNew York Court of Appeals · 1939
  5. Witt v. WatkinsAlaska Supreme Court · 1978

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