In its petition for a rehearing, Metropolitan argues that we overlooked the case of Union Pacific Railroad Company v. Zimmer, 1948, 87 Cal.App.2d 524, 197 P.2d 363. Counsel cited it in their brief but we thought it not in point. It is one of a number of cases in which an injured party settles and gives a release, in the belief that his injury is not serious, and later finds that the injury is quite serious. In Zimmer, the court affirmed a judgment permitting...
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