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eBook details

• Title: Donald Wilson v. Anna Davidson and Another
• Author : Supreme Court of Minnesota
• Release Date : January 22, 1944
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

Donald Wilson, a minor, commenced an action by his father and natural guardian, Harry Wilson, against defendants to recover damages for personal injuries sustained in an automobile accident on September 17, 1939, at the intersection of Lyndale avenue south and Sixty-sixth street, Richfield, in Hennepin county. After issue had been joined and the case put on the calendar awaiting trial, a compromise and settlement was agreed upon between the defendants and Harry Wilson, as father of Donald and acting in his behalf. The father, in his capacity as natural guardian of Donald, petitioned the district court for approval of the settlement, pursuant to Minn. St. 1941, ? 540.08 (Mason St. 1940 Supp. ? 9172). In the affidavit of the physicians supporting the petition, it is stated that the injury Donald sustained in the accident was a bilateral dislocation of the mandibular joint of the jaw and that he had entirely recovered from the effects of the accident. On January 8, 1940, the court approved the settlement and authorized Harry Wilson, as father and natural guardian of Donald, to settle the matter upon the terms agreed upon as set forth in the petition. Under the settlement, $337 was to to be paid to the minor and $348 to the father. Stipulation of dismissal was executed by the attorneys for the parties, upon which an order was made on January 10, 1940, ordering judgment of dismissal with prejudice. Incidental to the settlement, on January 8, 1940, the father, as natural guardian of Donald, executed a verified release to the defendants releasing them from any claim for all known and unknown injuries. On August 12, 1941, plaintiffs present attorney was substituted to represent him and, in his behalf, moved for an order vacating and setting aside the order of January 8, 1940, approving the settlement and requesting that the case be reinstated upon the calendar for trial. The motion was heard by the same judge who signed the order of approval. Supporting the motion were numerous affidavits, among them one by the attending physicians, who stated that at the time their first affidavit was signed they were of the opinion that the dislocation of the jaw which plaintiff sustained in the accident was of the simple and ordinary type, whereas "it now appears that affiants were mistaken as to the nature and character of the injury sustained by the said Donald Wilson."

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