Gerimonte v. Case
Washington Court of Appeals
712 P.2d 876 (1986)
- Written by Rich Walter, JD
Facts
Before treating Beverly D. Case (defendant) for an automobile injury, Dr. Dean Gerimonte (plaintiff) asked her to assign her insurance benefits to him. Case expressed her reluctance to do so, because by the assignment’s terms she would be liable for any expenses the insurance company would not cover. Case endorsed the assignment only after Gerimonte assured her that if the insurer told her it would take care of her, it would. Ultimately the insurer paid only a fraction of Gerimonte’s bill. Case could not pay the balance, so Gerimonte sued. Case asserted the affirmative defense of undue influence, which the trial court rejected, finding that Case’s evidence was insufficient to prove that Gerimonte’s dominance totally overcame Case’s reluctance to endorse the assignment. The court granted Gerimonte’s motion for summary judgment. Case appealed to the Washington Court of Appeals.
Rule of Law
Issue
Holding and Reasoning (Ringold, J.)
Dissent (Schofield, C.J.)
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