2015 ORS 30.070¹
Settlement
  • discharge of claim

The personal representative of the decedent, with the approval of the court of appointment, shall have full power to compromise and settle any claim of the class described in ORS 30.030 (Distribution of damages), whether the claim is reduced to judgment or not, and to execute such releases and other instruments as may be necessary to satisfy and discharge the claim. The party paying any such claim or judgment, whether in full or in part, or in an amount agreed upon in compromise, shall not be required to see that the amount paid is applied or apportioned as provided in ORS 30.030 (Distribution of damages) to 30.060 (Appeal from order of distribution or apportionment), but shall be fully discharged from all liability on payment to the personal representative.

Notes of Decisions

Under this sec­tion, beneficiaries of wrongful death claim are not entitled to notice and opportunity to participate in pro­ceed­ings for approval of settle­ment. Hughes v. White, 289 Or 13, 609 P2d 365 (1980)

Approval by court is condi­tion precedent to negotia­tion of legally binding agree­ment for settle­ment of wrongful death claim. Busch v. Farmington Centers Beaverton, 203 Or App 349, 124 P3d 1282 (2005), Sup Ct review denied

Notes of Decisions

Parents of mi­nor child may not recover compensa­tion for loss of child's society and companionship when child is neg­li­gently injured. Beerbower v. State ex rel Oregon Health Sciences, 85 Or App 330, 736 P2d 596 (1987), Sup Ct review denied


1 Legislative Counsel Committee, CHAPTER 30—Actions and Suits in Particular Cases, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors030.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 30, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano030.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.