Kendrick v. Barker
Wyoming Supreme Court
15 P.3d 734 (2001)
- Written by Craig Conway, LLM
Facts
Stephanie Kendrick (plaintiff) filed suit against Daniel Barker (defendant) for injuries that she had sustained when her vehicle collided with Barker’s tractor-trailer several years earlier. After a pretrial settlement conference, a mediator outlined the terms of a $40,000 tentative settlement agreement to settle all of Kendrick’s claims. Kendrick’s attorney timely accepted the offer and released Barker from all future claims. Thereafter, Kendrick informed her attorney that she did not accept the settlement offer, and hired a new attorney. Barker filed a motion to enforce the $40,000 settlement agreement. At a hearing, Kendrick stated that she understood the offer was intended to be the full amount to settle her claims and that she had not expressly reserved specific claims. Nevertheless, Kendrick argued that after the settlement conference, she had been diagnosed with a closed head injury and did not know whether the settlement would cover future medical expenses. Kendrick argued that mutual mistake precluded enforcement of the agreement. The trial court disagreed and granted summary judgment to Barker. Kendrick appealed.
Rule of Law
Issue
Holding and Reasoning (Golden, J.)
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