FRAHM v. CARLSON

No. 82-256.

334 N.W.2d 795 (1983)

214 Neb. 532

Charles E. FRAHM, Appellee, v. David E. CARLSON, Appellant.

Supreme Court of Nebraska.

June 3, 1983.


Attorney(s) appearing for the Case

Ray C. Simmons of Ray C. Simmons, P.C., Fremont, for appellant.

Clarence E. Mock of Johnson & Mock, Oakland, for appellee.

McCOWN, HASTINGS, and SHANAHAN, JJ., and BRODKEY, J., Retired, and COLWELL, District Judge, Retired.


COLWELL, District Judge, Retired.

Defendant, David E. Carlson, appeals a $35,000 personal injury jury verdict awarded to plaintiff, Charles E. Frahm, a 43-year-old farmer. The main issue concerns a written release executed by plaintiff containing an "injuries, known and unknown," clause, which plaintiff claimed was void because of mutual mistake. We affirm.

Briefly, the accident occurred on June 22, 1978, in Oakland, Nebraska, when Carlson backed out of a...

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