Emerson v. Kusano

Defendant appeals from a judgment entered after the trial court granted plaintiffs motion to reform the terms of an agreement settling plaintiffs personal injury action. Defendant contends that the trial court should have rescinded, rather than reformed, the agreement. We conclude that the trial court erred in reforming the contract and therefore reverse and remand.

The facts are undisputed. Plaintiff brought an action against defendant for personal injuries she sustained in an automobile accident, alleging damages of $171,000. The parties entered into settlement negotiations. On July 22,…