Legal Opinion · Dissent

Indiana Bell Telephone Co. v. Mygrant

Indiana Court of Appeals

Decided October 25, 1982No. 3-781A190Published

1DissentHoffman, Presiding Judge

I must respectfully dissent from the position taken by the majority in this case. A compromise and release of claims is entered into by the parties in the interest of compensating the injured party while avoiding the costly and time consuming process of litigation. The rationale posited by the majority would render releases worthless as a method for attaining those goals. A person should not be allowed to set aside a release or force the released party to go to the expense of a trial, merely by claiming the release was entered into by mistake. The Appellate Court of Illinois has addressed…

2Cases cited7 opinions

  1. Wecker v. KilmerIndiana Supreme Court · 1973
  2. Thomas v. HollowellAppellate Court of Illinois · 1959
  3. Crane Company v. NewmanIndiana Court of Appeals · 1941
  4. Gumberts v. GreenbergIndiana Court of Appeals · 1953
  5. Lazarrus v. Employers Mutual Casualty Co.Indiana Court of Appeals · 1977

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