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Krezinski v. Hay

77 Wis. 2d 569 (1977)

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Krezinski v. Hay

Wisconsin Supreme Court

77 Wis. 2d 569 (1977)

Facts

Izetta Hay (defendant) was driving her vehicle and negligently pulled out from a driveway into traffic, causing a crash. Krezinski (plaintiff) was injured and pursued a claim against Hay and her insurance company (defendant). Krezinski was treated for her injuries and agreed to settle her claim for $2,300. Krezinski received the funds and executed a release, including a release of liability for all known and unknown personal injuries, developed or undeveloped, that arose from that accident. Subsequently, Krezinski began having grand mal epileptic seizures due to a condition caused by the crash. Krezinski sued Hay and her insurer. Krezinski sought damages and alleged that the release was void due to a mutual mistake regarding her condition. Hay and her insurer requested summary judgment.

Rule of Law

Issue

Holding and Reasoning (Day, J.)

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