Plaintiff appealed from a trial court judgment finding that a written release was valid and barred her from seeking relief for injuries she suffered in a vehicle collision, arguing that the release was based on a mutual mistake of fact because the release was signed before plaintiff sought out medical care. The appellate court affirmed, finding that the release was facially valid and explaining that even though this was a “harsh result” it would not set aside a facially valid release between the plaintiff and the insurance company – even though it insured both the plaintiff and defendant – where the insurance company was not a party to the underlying suit and was not given an opportunity to defend its actions. (BIRKETT, concurring and KENNEDY, dissenting)
Illinois Appellate Court
Civil Court
Settlement Release