Mitchell v. Mitchell
Kentucky Court of Appeals
963 S.W.2d 222 (1998)
- Written by Jody Stuart, JD
Facts
Sherri Mitchell (plaintiff), a 17-year-old married minor, was injured on October 14, 1995, while riding in a car driven by her husband, Michael Mitchell (defendant). On October 26, 1995, Sherri signed a settlement and release that settled her bodily injury claim for $2,500. Sherri did not have an appointed conservator at the time that the settlement and release were executed. Sherri filed a motion for declaratory judgment in trial court. Sherri alleged that her incapacity due to being a minor at the time she signed the settlement and release rendered the contracts null and void. The trial court found that Sherri’s marriage had emancipated her, removing any limitation on capacity she had as a minor, including the capacity to enter into contracts. Sherri appealed.
Rule of Law
Issue
Holding and Reasoning (Emberton, J.)
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