DIETZ v. LOPEZ

No. 1 CA-CV 92-0312.

179 Ariz. 355 (1994)

879 P.2d 2

Don Charles DIETZ, Plaintiff-Appellant, Cross Appellee, v. Alex LOPEZ and Jane Doe Lopez, husband and wife, Defendants-Appellees, Cross Appellants.

Court of Appeals of Arizona, Division 1, Department C.

August 9, 1994.


Attorney(s) appearing for the Case

Ethan Steele, Tucson, for appellant, cross appellee.

Robert F. Clarke, Treon, Strick, Lucia & Aguirre, P.A. by Sharon G. Slifko, Jennings, Strouss & Salmon by Douglas L. Christian, and Solomon, Relihan & Blake, P.C. by Kevin J. McAlonan, Phoenix, for appellees, cross appellants.


OPINION

REBECCA A. ALBRECHT, Judge.*

The plaintiff argues that the summary judgment entered in the defendants' favor should be set aside because their settlement agreement was based on a mutual mistake of fact as to the nature and extent of the plaintiff's injuries. Because the only reasonable inference from the facts is that the plaintiff settled in contemplation of the possibility of more serious injuries, we hold that summary...

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