Fieser v. Stinnett

The opinion of the court was delivered by

Kaul, J.:

The issue in this case is whether a settlement release, executed by plaintiff-appellant for injuries suffered in an automobile accident, is binding and not invalidated by reason of either mutual mistake of fact or inadequacy of consideration. Plaintiff appeals from an adverse ruling by the trial court.

Dr. Fieser, the plaintiff, is a doctor of veterinary medicine. On the morning of March 7, 1969, at about 5:30 a. m. he received a call and was proceeding to his client’s farm to aid in the delivery of a calf. It was dark and his view of the road…