Woyma v. Ciolek

In 1977, Herman Shackleford (defendant) rear-ended a car Ann Woyma (plaintiff) was driving. Woyma was a teacher and had some students in the car when the accident occurred. During the collision, Woyma experienced whiplash. Woyma did not appear to have serious injuries at the time of the accident, but did have headaches and neck pain for a few days afterward. Woyma also had headaches a few weeks later but did not think they were related to the crash. Shackleford’s insurance company spoke with Woyma about the children, the damage to the car, and Woyma’s current injuries. The company then covered the costs of fixing Woyma’s car. The insurance company also paid Woyma $25 for the cost of the x-ray she got immediately after the accident and for the pain and suffering Woyma experienced in the couple of days following the accident. After paying these expenses, Shackleford’s insurance company mailed Woyma a release form stating that Woyma was releasing all claims based on the accident, including both known and unknown injuries. Woyma signed the release without talking with an attorney, believing that she did not have any continuing injuries. A year later, however, Woyma began to experience new symptoms as a result of the car crash. Woyma sued Ciolek (defendant), the administrator of Shackleford’s estate, to recover the new treatment costs for Woyma’s latent back injury. Woyma asked the trial court to set aside the release, and the court agreed. The jury ultimately awarded Woyma $22,500. Ciolek appealed.