Busch v. Farmington Centers Beaverton

LINDER., J<

This is a wrongful death action brought by the personal representative of decedent’s estate against two nursing care homes. The defendant nursing care homes, by way of affirmative defense, pleaded that the estate had previously settled its claims against them. Defendants further pleaded, by way of a counterclaim, that the former personal representative had breached his good faith duty under the settlement agreement to pursue probate court approval of it. On the parties’ cross-motions for summary judgment, the trial court determined that defendants were entitled to prevail on both…