Byrd v. Liesman

PREWITT, Presiding Judge.

The question is whether there was a mutual mistake as to the extent of physical injury sufficient to nullify an oral settlement of a claim arising from an automobile collision.

Following non-jury trial the trial court denied defendant’s motion to specifically enforce the settlement agreement. The judgment further found the issues on the petition in favor of plaintiff and awarded plaintiff damages of $60,000. Defendant appeals, contending the trial court erred in not enforcing the settlement agreement “because there was no mutual mistake of fact between the parties…