Wheeler v. White Rock Bottling Co.

Defendant appeals from a decree permitting plaintiff to rescind a release and proceed 'with an action for damages for personal injuries.

Defendant’s truck collided with the automobile in which plaintiff was riding. As a result of a painful back, plaintiff consulted her family doctor whom she was also seeing in connection with a pregnancy. He told her she would continue to have pain until after the pregnancy was completed, but diagnosed the injury as a back strain. A written copy of this, diagnosis was furnished the defendant’s insurer. Three months after the accident, plaintiff signed a…