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SNESRUD v. ELBERS

No. CX-85-607.

374 N.W.2d 830 (1985)

Gene A. SNESRUD, as Trustee for the Heirs and next of kin of Julie Ann Snesrud, Deceased, and Gene A. Snesrud, as Father and natural guardian of Michelle R. Snesrud, a minor, Sarah J. Snesrud, a minor, and Brian J. Snesrud, a minor, Petitioner, Respondents, v. Janice Regina ELBERS, Defendant, MSI Insurance Company, Appellant.

Court of Appeals of Minnesota.

Review Denied December 19, 1985.

Attorney(s) appearing for the Case

Michael Fargione, Minneapolis, for respondents.

Eric J. Magnuson, Minneapolis, for defendant.

James M. Shultz, St. Paul, for appellant.

Heard, considered and decided by HUSPENI, P.J., and RANDALL and CRIPPEN, JJ.

OPINION

CRIPPEN, Judge.

Appellant MSI Insurance Company appeals from the trial court's ruling that a settlement agreement between the parties should not be rescinded. Appellant claims that there was mutual mistake of fact, thus rendering the agreement void. We affirm.

FACTS

On March 12, 1984, Julie Ann Snesrud was killed in a head-on collision with a vehicle owned and driven by Janice Elbers. Snesrud's three children were seriously injured...

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