Ristau v. Wescold, Inc.

In this case, plaintiffs attorney suggested and drafted the language of a release which the majority holds does not preclude a claim for fraud in the inducement. As a result, it allows plaintiff to escape the consequences of the plain meaning of the release and sue on a claim that he has released. Also, the majority seeks to distinguish the release in this case from the release agreement in Lindgren v. Berg, 307 Or 659, 772 P2d 1336 (1989), as the basis for its holding that it was error to grant summary judgment to defendants. It says:

“Unlike in Lindgren, [the] language [of the release] does…