Brinkerhoff v. Campbell

Robert Brinkerhoff appeals the trial court’s order enforcing a settlement agreement that he signed. A genuine issue of material fact exists as to whether there was a misrepresentation that would allow Brinkerhoff to avoid the agreement. The order is reversed so that the trial court may hold an evidentiary hearing to resolve the disputed factual issue.

Robert Brinkerhoff sustained personal injuries in a two- car automobile accident. At the time of the accident, Brinkerhoff was driving his employer’s truck in the course of his employment. He filed a worker’s compensation claim and received over…