Hopkins v. Troutner

TROUT, Chief Justice.

This is an appeal from an order setting aside a Release of All Claims and Indemnity Agreement and Stipulation for Dismissal with Prejudice. The district judge found that there had been overreaching by Defendant Arthur “Art” Troutner’s (Troutner) attorney, Brian K. Julian (Julian), in negotiating a Release and Indemnity Agreement with Plaintiff Joseph S. Hopkins (Hopkins).

I

BACKGROUND

Hopkins filed a complaint against Troutner on June 17, 1997, asserting causes of action for assault and battery, intentional infliction of emotional distress, negligent infliction of emotional…