Gleason v. Guzman
Colorado Supreme Court
623 P.2d 378 (1981)
- Written by Jamie Milne, JD
Facts
In 1970, 14-year-old Darlene Guzman (plaintiff) was struck on the head by a vending machine falling from a truck driven by Irwin Gleason (defendant) while he was working for Coin Fresh, Inc. (defendant). Guzman visited the hospital twice, both times complaining of a headache, vomiting, and some disorientation. After brief hospital stays, she was released in improved condition. Guzman returned to school and resumed normal activities. Her parents believed that she was fully recovered. The parents filed a claim against Gleason and Coin Fresh and eventually settled with their insurance company for $6,114.35. The settlement agreement signed by Guzman’s father, as her guardian, included a general release of Guzman’s claim against Gleason and Coin Fresh. Almost four years after the injury, Guzman began suffering epileptic seizures. Emancipated from her parents, Guzman sued Gleason and Coin Fresh for damages. Gleason and Coin Fresh moved for summary judgment based on the previously executed release of Guzman’s claim. Guzman moved to set aside the release, arguing that it was based on a mistake as to the nature of her injuries. The trial court entered summary judgment in Gleason and Coin Fresh’s favor, but the court of appeals reversed. Gleason and Coin Fresh appealed to the Colorado Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Quinn, J.)
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