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MITCHELL v. MITCHELL

No. 96-CA-002106-MR.

963 S.W.2d 222 (1998)

Sherri R. MITCHELL, a married minor by and through Donnie Fee as her Conservator, Appellant, v. Michael J. MITCHELL; and State Farm Mutual Automobile Insurance Company, Appellees.

Court of Appeals of Kentucky.

March 6, 1998.

Attorney(s) appearing for the Case

J. Robert Stansbury, London, for Appellant.

J. Warren Keller, Mary-Ann Smyth, London for Michael J. Mitchell.

Richard G. Segal, Charles L. Koby, Louisville, David Howard, London, for State Farm Mutual Automobile Insurance Company.

Before GUDGEL, C.J., and EMBERTON and GUIDUGLI, JJ.

OPINION

EMBERTON, Judge.

The sole issue presented by this appeal is whether a married minor has the capacity to execute a release and enter into a settlement agreement growing out of a personal injury action. The trial court found that appellant, Sherri Mitchell, had such capacity. We disagree.

Appellant was injured on October 14, 1995, while traveling as a passenger in an automobile owned by her...

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