Ethics Keyed to Hazard
Spaulding v. Zimmerman
Facts
Plaintiff, David Spaulding, was a victim in a serious car accident. Insurance companies for both sides conducted examinations of him to determine the extent of his injuries, but only the defendant’s doctor discovered that his life was at risk from a serious brain aneurysm which may or may not have been caused by the accident. Counsel for Defendant Zimmerman decided not to reveal this information while negotiating settlement. Plaintiff did not become aware of this condition until two years later, and requested that the trial court vacate the prior settlement at that time. Defendant appeals.
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