Perry v. Rein

Despite my disagreement with the result reached by the majority, I concur because I believe we are bound by our decision in Perry v. Rein, 187 Or App 572, 582-83, 71 P3d 81 (2003) (Perry I), in which we treated the disposition of the underlying claim against plaintiff as a voluntary dismissal, rather than a settlement, despite the fact that the dismissal occurred in the context of a settlement. As a matter of law, a settlement is not a favorable termination for purposes of a wrongful initiation action. Gowin v. Heider, 237 Or 266, 279, 386 P2d 1 (1963), on reh’g, 391 P2d 630 (1964).…