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Contracts Keyed to Summers
Kendrick v. Barker
Facts
Stephanie Kendrick (Plaintiff) sued Daniel Barker (Defendant) for injuries that she had sustained when her vehicle collided with Defendant’s tractor-trailer several years earlier. After a pretrial settlement conference, a mediator outlined the terms of a $40,000 tentative settlement agreement to settle all of Plaintiff’s claims. Plaintiff’s attorney timely accepted the offer and released Defendant from all future claims. Thereafter, Plaintiff informed her attorney that she did not accept the settlement offer, and hired a new attorney. Defendant filed a motion to enforce the $40,000 settlement agreement. At a hearing, Plaintiff stated that she understood the offer was intended to be the full amount to settle her claims and that she had not expressly reserved specific claims. Nevertheless, Plaintiff argued that after the settlement conference, she had been diagnosed with a closed head injury and did not know whether the settlement would cover future medical expenses. Plaintiff argued that mutual mistake precluded enforcement of the agreement. The trial court disagreed and granted summary judgment to Defendant. Plaintiff appealed.
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