Sims v. Indiana Lumbermens Mutual Insurance

George Rose Smith, Justice.

The question here is whether the terms of a partial release of the plaintiff’s cause of action precluded her from taking a voluntary nonsuit and filing a second complaint upon the unreleased portion of her cause of action.

In the original suit, numbered Civ-75-42, Earlene Sims alleged that she had sustained a $3,049.75 loss, consisting of property damage and medical expense, as a result of an accident involving her car. She alleged that two of the defendants, Pierce and Landrum, insurance agents, had failed to obtain insurance coverage for her upon the car, as they…