Graves v. Tulleners

Petitioner sought to rescind, on the bases of misrepresentation and mutual mistake, an agreement apportioning proceeds of a wrongful death action or, in the alternative, to surcharge the personal representative of her father’s estate for damages resulting from the apportionment agreement. After a bench trial, the trial court entered judgment dismissing petitioner’s claims, and petitioner now appeals. We review de novo, 1 and affirm.

Petitioner’s father, Edward Tulleners (“decedent”), was killed in 1995 in a helicopter crash at Crater Lake. He was survived by petitioner, then 15 years old; his…