Reason v. Lewis

HERRMANN, Justice.

This appeal raises the question of whether a release of claims arising from an automobile accident may be avoided by the plaintiff on the ground of mutual mistake as to the existence or extent of personal injuries sustained.

The Trial Court ruled, after preliminary trial of that issue, that the release here involved binds the plaintiff and cannot be avoided. The facts and the conclusions of the Trial Court are set forth in its Opinion appearing at 250 A.2d 390.

As will be seen there, at the time the release was given, both the plaintiff and the insurance adjuster thought that…