(Download) "Wyatt v. Imes" by Court of Appeals of North Carolina No. 7723SC593 # eBook PDF Kindle ePub Free
eBook details
- Title: Wyatt v. Imes
- Author : Court of Appeals of North Carolina No. 7723SC593
- Release Date : January 16, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 48 KB
Description
Plaintiff's contention in this appeal is that it was error to grant summary judgment for defendant. Her position may evoke sympathy from the Court, but it is without basis in logic or law. Plaintiff admitted signing the release with the insurance company, but she contends that her signing was induced by a mistake of fact as to the extent of her injuries. While our courts have held that a release from liability for personal injury may be set aside for mutual mistake of fact, Cheek v. R.R., 214 N.C. 152, 198 S.E. 626 (1938), there is nothing in the instant case to suggest that the mistake was mutual. The North Carolina Supreme Court has broadly outlined factors to be considered in determining whether a release was executed under a mutual mistake of fact: