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BUSCH v. FARMINGTON CENTERS BEAVERTON

0103-03112; A123403.

124 P.3d 1282 (2005)

203 Or. App. 349

Leslie G. BUSCH, Personal Representative of the Estate of Inez T. Phillippe; and Gerald A. Phillippe, Plaintiffs, and Gloria Zalokar, Personal Representative of the Estate of Inez T. Phillippe, Appellant, v. FARMINGTON CENTERS BEAVERTON, an Oregon limited liability partnership; Farmington Centers, Inc., an Oregon corporation, dba Farmington Square; and Brazelton Adult Foster Care, Inc., an Oregon corporation, Respondents.

Court of Appeals of Oregon.

Decided December 21, 2005.

Attorney(s) appearing for the Case

Dennis H. Elliott, Portland, argued the cause for appellant. With him on the briefs was Elliott & Park.

Thomas W. Brown, Portland, argued the cause for respondents Farmington Centers Beaverton and Farmington Centers, Inc. With him on the brief were David C. Ferro and Cosgrave Vergeer Kester LLP, and Todd S. Baran and Todd S. Baran, P.C., for respondent Brazelton Adult Foster Care, Inc.

Before EDMONDS, Presiding Judge, and LINDER and WOLLHEIM, Judges.

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...

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