Nature of the Case
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Facts
Krezinski (P) sued Hay (D) and her insurer for damages when D negligently drove her car into the highway from her driveway and hit P’s car. P alleged injuries and D denied negligent conduct and set for affirmative defenses. D alleged that P, on September 5, 1969, when represented by counsel, executed a release of all claims against Ds. This agreement acknowledged receipt by D of $2,300 consideration for the release. P admitted the execution of the release but alleged that she relied upon a mutual mistake of fact. The mistake was their ignorance that P was suffering mal epileptic seizures. P alleged that the epileptic condition was not observed by P’s physician prior to the execution of the release. D moved for summary judgment.
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