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Kendrick v. Barker | 15 P.3d 734 (2001)

In Kendrick versus Barker, we’ll see whether a party’s unknown injury after a car accident can void a contract on the grounds of mutual mistake.

Stephanie Kendrick’s vehicle collided with Daniel Barker’s tractortrailer. Years after the accident, Kendrick filed suit against Barker for injuries that Kendrick sustained in the accident. When Kendrick filed suit, she knew that there was uncertainty regarding the extent of her injuries.

After a pretrial settlement conference, a mediator outlined the terms of a tentative settlement agreement and sent the terms of the agreement to both Kendrick and Barker. The settlement agreement would award Kendrick $40,000 to settle all her claims against Barker. The following day, Kendrick’s attorney informed Barker’s attorney and the mediator that Kendrick accepted the settlement offer. Later, Kendrick told her attorney that she wouldn’t accept the settlement offer, and Kendrick hired a new attorney. One month after the pretrial settlement conference, Kendrick was diagnosed with a closed head injury, or a brain injury that occurs without a skull fracture.

Barker filed a motion to enforce the settlement agreement. Kendrick argued that the draft terms of the settlement agreement weren’t accurate because Kendrick claimed that she only agreed to the settlement for her medical expenses, not to settle other claims, such as her lost income. Kendrick also argued that a mutual mistake prevented the court from enforcing the agreement because Kendrick and Barker didn’t know that Kendrick suffered from a closed head injury at the time of the settlement conference. The trial court held that Barker could enforce the settlement agreement and granted summary judgment in favor of Barker. Kendrick appealed to the Wyoming Supreme Court.

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