Triplett v. St Amour

We respectfully dissent. In deciding whether a judgment entered in accordance with the settlement of a personal injury claim bars an independent action for damages based on fraud in the execution of the settlement agreement, we would hold, under the circumstances presented here, that plaintiffs are not limited to the remedy of seeking relief from judgment under MCR 2.612. Plaintiffs may alternatively pursue an action at law for damages. In so holding, we would affirm the decision of the Court of Appeals.

i

In pertinent part, MCR 2.612(C) provides:(1) On motion and on just terms, the court may…