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Torts Keyed to Dobbs
Gleason v. Guzman
Facts
Plaintiff was struck on the head by a vending machine that fell from a truck when she was a minor. She sued Defendants, a truck driver and his employer, seeking to recover for personal injuries. Defendants offered as an affirmative defense a release, executed by Plaintiff’s guardian, and moved for summary judgment. It was later determined, approximately four years after the accident when the minor had been emancipated, that the severity of her injuries was greater than was known at the time of settlement. She began having epileptic seizures, and retained counsel and filed for rescission of the original judgment. The trial court found for Defendants. Plaintiff appealed, contending that summary judgment was improper because the minor’s guardian was mistaken concerning the true nature of the minor’s injuries; there thus remained a genuine material issue of fact.
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