Hicks V. Sparks

defendants contentions

move to summary judgement

cause of action

mutual mistake

plaintiffs contentions

her injuries are materially different from those contemplated in the release -mistake of fact that she did not assume the risk -rescission of release

final ruling

Affirmed lower courts decision

lower courts decison

Agreed with plaintiff

issue of law

Could Hicks file another suit after signing a release

Defendant

Debra Sparks

application of rules

Hicks failed to demonstrate a mutual mistake of fact and Hicks assumed the risk of the mistake (settlement for release)

Plaintiff

Patricia Hicks

material facts

Sparks hit Hicks with her car -hicks complained of pain -settled for 4000 and signed a release (full and final release) -later hicks underwent a surgery for pain related to the car accident -Hicks filed suit against sparks for negligence

rules of law

establish a mutual mistake 1) both parties were mistaken as to a basic assumption 2) the mistake materially affects the agreed upon exchange of performances 3) the party adversely affected did not assume the risk