WILLIAMS V. GLASH
789 S.W. 2d 261 (1990)
NATURE OF THE CASE: This was a suit over unknown injuries at the time of a release.
FACTS: Williams (P) was in a car that was struck from behind by Glash (D). P was
instructed by D's carried to bring the car in for an estimate on damages, which were found
to be $889.46. P was asked to complete a claim form and was asked if anyone had been injured
by the accident to which she checked, no. Only the property damage to the car had been
discussed but the back of the check contained language purporting to release all personal
injury claims. The face of the check contained State Farm's code denoting a property
settlement. P was later diagnosed as having temporomandibular joint syndrome and sued. The
trial court found for D under a summary judgment based on the release and so did the appeals
court. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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