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Villalobos v. Cicero School District 9912/5/2005
On April 7, 2001, Antonio Villalobos (Antonio), individually and as next friend and father of Hilda Villalobos (Hilda), filed a complaint against defendants Cicero School District 99 (Cicero School District) and Gloria Knowles, to recover damages for injuries sustained in an automobile collision. Antonio's claims were dismissed because they were brought after the statute of limitations had run and are not part of this appeal. Defendants moved for summary judgment as to Hilda's claims, alleging that Hilda's parents, Antonio and Maria, signed a document which released them from liability. The circuit court granted defendants' motion and plaintiff appealed. For the reasons that follow, we reverse and remand.
I. BACKGROUND
On May 12, 1999, a collision occurred between a vehicle driven by Antonio and a school bus driven by Knowles and owned by Cicero School District. Hilda, who was 15 years old at the time, was a passenger in Antonio's vehicle. She sustained lacerations to her head and face as well as a fractured collarbone. Her lacerations required 20 staples and resulted in some scarring.
At the time of the accident, Antonio was insured by Allstate Insurance Company (Allstate) and the defendants were insured by Gallagher Basset. Antonio's Allstate insurance policy contained a family exclusion, which meant that any claim Hilda had against him would be covered by his uninsured motorist coverage. The two companies agreed that Antonio and Knowles were equally at fault for the accident, and Gallagher Basset therefore agreed to reimburse Allstate for 50% of any medical payments advanced and 50% of the property damage claims. Initially after the accident, Allstate paid $4,304.10 in medical bills submitted by Hilda.
In June of 2000, Allstate adjuster Shirley Smith discovered that Hilda's claims had not been resolved. On August 2, 2000, Smith contacted Antonio and told him that Hilda was entitled to compensation for her injuries. Antonio informed Smith that since he and his family were leaving for Mexico in a few days he wanted to resolve the matter as quickly as possible. Antonio and his wife Maria then described Hilda's scars to Smith over the phone. It does not appear that Hilda's collarbone fracture was discussed at that time. Smith informed Antonio that she would do her best to expedite the claim. After the phone conversation, Smith estimated Hilda's claim to be worth $3,000 to $5,000, and she submitted that figure to her superiors at Allstate for authorization.
The next day, August 3, 2000, Smith called Antonio again and explained that without seeing Hilda's scars the evaluation might not be accurate. Antonio then informed Smith that Hilda was actually already in Mexico and would not be back until June of 2001. Smith then, apparently unaware of the tolling effect of Hilda's minority, incorrectly informed Antonio that the statute of limitations would run on any claim Hilda might have against defendants before that date. Antonio stated that he was willing to take the risk of having an inaccurate and conservative valuation of Hilda's claim because he wanted the extra money for his daughter while she was in Mexico. At that time, Smith made an offer of $3,000, which Antonio accepted.
On August 4, 2000, Antonio and Maria met Smith at an Allstate facility. Smith tendered a $3,000 Allstate check to Antonio and Maria, and they signed two documents. The first document applied specifically to Allstate and stated as follows:
"RECEIPT AND RELEASE UNDER UNINSURED MOTORIST INSURANCE -COVERAGE SS SUBROGATION AGREEMENT
1. In consideration of the payment of One Thousand Five Hundred Dollars, ($1,500.00) paid by Allstate, the
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