Del Rosario v. Del Rosario

Leonida Del Rosario signed a release of personal injury claims against Gene and Priscilla Del Rosario in exchange for an insurance settlement. She later sought to avoid the release because at the time she signed it, she thought it concerned only lost wages. Ajury awarded Leonida additional damages after the trial court instructed them that a release may be avoided if it was not “fairly and knowingly made.” We hold that the trial court erred in using that standard instead of traditional contract principles. The “fairly and knowingly made” standard applies only in cases involving unknown…