Gossinger v. Association of Apartment Owners of the Regency

CONCURRING OPINION OF

BURNS, J.,

WITH WHOM

HEEN, J., JOINS

We concur with the result.

The current state of the relevant law across the nation has been succinctly outlined as follows:-

Cases addressing the problem of mistake in the settlement of personal injury claims reflect a tension stemming, on the one hand, from the general need for finality in the contractual settlements of actual or potential lawsuits and, on the other hand, from a recognized need to alleviate the distorting and unintended effects which human error can impose on a transaction. [Citations omitted.] Although the approaches are…