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Ethical Problems in the Practice of Law Keyed to Lerman, 6th Ed.
Spaulding v. Zimmerman
Citation:
116 N.W.2d 704 (1962)Facts
In August 1956, David Spaulding, then 20 years old, was injured in an automobile collision between vehicles driven by John Zimmerman (in which Spaulding was a passenger) and Florian Ledermann. Spaulding’s injuries were diagnosed as multiple rib fractures, cerebral concussion, and bilateral clavicle fractures. During litigation, the defendants had Spaulding examined by Dr. Hannah, who discovered an aorta aneurysm that could be life-threatening. This critical information was shared with defense counsel but never disclosed to Spaulding, his attorney, or the court during settlement proceedings. In March 1957, the parties reached a $6,500 settlement that was approved by the court. Two years later, during a routine army reserve physical, Spaulding’s doctor discovered the aneurysm, which required immediate surgery. Upon learning that the defendants had known about this condition at the time of settlement, Spaulding moved to vacate the settlement.
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