Kiest v. Schrawder

Mr. PRESIDING JUSTICE MILLS

delivered the opinion of the court:

Mutual mistake of fact?

Release void?

No.

We affirm.

The plaintiff, Shirley Kiest, and the defendant, John Schrawder, were driving automobiles which collided on November 28, 1973, resulting in the total loss of the plaintifFs car and personal injuries to her. Mrs. Kiest began to be treated by a physician, and the bills for medical expenses were being paid by the defendant’s insurer. Mrs. Kiest was then contacted by an adjustor for the defendant’s insurer some nine weeks after the collision for the purpose of possible settlement of the…