Raymond v. Feldmann

The majority, relying on Wheeler v. White Rock Bottling Co., 229 Or 360, 366 P2d 527 (1961), holds the release valid despite the “precipitous actions of the adjuster,” 120 Or App at 456, and, in so doing, places its stamp of approval on the adjuster’s questionable tactics in securing the release. The majority is absolutely correct that, in Oregon, a release is not rendered invalid on the basis of the parties’ mutual mistake regarding the nature and extent of the releasor’s personal injuries. 120 Or App at 455; see Wheeler v. White Rock Bottling Co., supra. Mutual mistake, however, is not the…