Smothers v. United States Fidelity & Guaranty Co.

Hearn, Judge:

Appellant brought this action against Respondent to rescind a release on the grounds of mutual mistake of a material fact, or, in the alternative, a unilateral mistake of fact induced by the fraud, deceit, and misrepresentation of respondent. The trial judge found the release signed by Appellants to be valid and refused to set it aside on the grounds asserted. We affirm.

Appellant Joyce Smothers was involved in a head-on automobile collision on September 26, 1988. She sustained severe personal injuries including partial brain damage. Appellants retained an attorney to represent…