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Flemmings v. Knisley3/8/1993
WILLIAM W. YOUNG, Judge.
Plaintiff-appellant, Samuel Flemmings, appeals from an order of the Butler County Common Pleas Court granting summary judgment in favor of defendants-appellees, Melody Knisley and Melody's Floral Designs.
On July 22, 1989, appellant was involved in an automobile accident with Melody Knisley. Following the accident, appellant filed a claim with Knisley's automobile insurer, State Farm Mutual Automobile Insurance Company ("State Farm"), as a result of the damage that his automobile suffered from the accident. On three separate occasions, appellant met with Paul Ankram, a claims representative for State Farm. On August 29, 1989, they finally reached an agreement whereby State Farm agreed to pay appellant $500 in consideration for appellant's signed release of all his claims against appellees and State Farm. It is undisputed that during the negotiations, neither party discussed the issue of personal injuries that appellant might have suffered, nor did either party believe that appellant had suffered any personal injuries as a result of the accident. Moreover, Ankram stated in his deposition that he offered appellant $500 in order to cover appellant's property damage claim, not to pay off any personal injury claim.
Sometime after signing the release form, appellant allegedly began to suffer injuries to his spine, neck and legs. Appellant thereafter filed suit against appellees seeking damages for the injuries that he allegedly suffered as a result of the automobile accident. In their answer, appellees set forth the affirmative defense that appellant's action was barred by the release. On April 2, 1991, appellees moved for summary judgment on that basis. Appellant filed a memorandum in opposition to appellees' motion for summary judgment, claiming that the trial court should set aside the release on the ground of mutual mistake. He also filed his own motion for summary judgment, submitting that he was entitled to judgment on the issue of liability.
The trial court filed an opinion on April 3, 1992, overruling appellant's motion for summary judgment and granting appellees' motion. The court concluded that the release executed between the parties reflected appellant's intent to release all claims arising out of the accident, including those injuries known and unknown at the time that the release was executed. From the lower court's decision, appellant has timely commenced this appeal, asserting the following three assignments of error:
Assignment of Error No. 1:
"The trial court erred to the prejudice of plaintiff"appellant in granting to defendants/appellees summary judgment."
Assignment of Error No. 2:
"The trial court erred to the prejudice of plaintiff/appellant in failing to grant to plaintiff/appellant summary judgment."
Assignment of Error No. 3:
"The trial court erred to the prejudice of plaintiff/appellant in ruling that, after an in camera review, the documents requested by plaintiff/appellant through valid discovery methods were properly denied to plaintiff/appellant."
Since appellant's first two assignments of error essentially contend that the trial court erred by failing to set aside the release, we shall consider them together. The release in question contains the following pertinent language:
"The undersigned hereby releases and forever discharges Melody Knisley, her heirs, executors, administrators, agents and assigns, and all other persons, firms, or corporations liable or who might be claimed to be liable, none of whom admit any liability to the undersigned but all expressly deny any liab
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