Lutzick v. Bentzen

Plaintiff-appellant John Lutzick appeals the grant of summary judgment in favor of defendant-appellee Barbara Munro in a negligence action brought for injuries received by appellant in an automobile accident.

Appellant assigns the following error for review:

“The trial court committed reversible error in granting summary judgment based on a release where a genuine issue of material fact exists as to whether the release signed by appellant was executed by mutual mistake as to the nature, extent and gravity of appellant’s injuries.”

Finding the appeal to have merit, we reverse the judgment of the…