Williams v. Glash

789 S.W. 2d 261 (1990)

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Nature of the Case

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Facts

Williams (P) was in a car that was struck from behind by Glash (D). P was instructed by D's carried to bring the car in for an estimate on damages, which were found to be $889.46. P was asked to complete a claim form and was asked if anyone had been injured by the accident to which she checked, no. Only the property damage to the car had been discussed, but the back of the check contained language purporting to release all personal injury claims. The face of the check contained State Farm's code denoting a property settlement. P was later diagnosed as having temporomandibular joint syndrome and sued. The trial court found for D under a summary judgment based on the release, and so did the appeals court. P appealed.