Carter v. Kingsford

(concurring with comments) :

At the time of the settlement both parties knew that the plaintiff had a serious injury to the cervical area of her back. She had been in the hospital for over five weeks under medical care with the use of the hospital’s diagnostic facilities including the taking of the x-rays. There is no indication, and it is not claimed, that she was under any undue influence or pressure of any kind, when another five weeks later she entered into the agreement of settlement and signed the release for which she received the $3,334.09. It cannot reasonably and fairly be assumed…