Trevathan v. Tesseneer

• Decision Date: 21 February 1975
• Citation: 519 S.W.2d 614
• Parties: Melissa TREVATHAN, Appellant, v. Susan TESSENEER et al., Appellees.
• Court: United States State Supreme Court — District of Kentucky

Page 614

519 S.W.2d 614

Melissa TREVATHAN, Appellant, v. Susan TESSENEER et al., Appellees.

Court of Appeals of Kentucky.

Feb. 21, 1975.

John A. Gregory, Jr., Hughes & Gregory, Murray, for appellant.

Henry O. Whitlow, Waller, Threlkeld & Whitlow, Paducah, for appellees.

ARMAND ANGELUCCI, Special Commissioner.

This case comes here on appeal from a final order of the Calloway Circuit Court. The appellant had initiated this action to recover for personal injuries suffered as a result of an automobile accident. The appellees' defense was based upon a release executed in favor of the appellees by the appellant, who moved to have a final determination made as to the validity of the release. The appellees thereupon moved for a summary judgment as to all claims made against them by the appellant. The court found the release to be valid, binding and an effective bar to appellant's right to maintain such an action and from the order sustaining the appellees' motion for summary judgment and dismissing the action, this appeal was taken.

The appellant, Melissa Trevathan, was injured while a passenger in an automobile owned by appellee Ralph Tesseneer and driven by appellee Susan Tesseneer, which was involved in a single car accident near Ringgold, Georgia, in April, 1970. After being hospitalized for several days, Miss Trevathan returned to her home in Murray, Kentucky, where she was attended by one Dr. Hal Houston, who apparently examined her for further evidence of internal injuries and to check the progress of an elbow abrasion. Dr. Houston was also aware of the fact that Miss Trevathan had been unconscious for a brief period following the accident and the appellant states that she told the doctor about a lump on the side of her head.

Some two weeks after the accident an adjuster for appellee State Farm Insurance Company met with Miss Trevathan and her father in their home and the appellant furnished this adjuster with a statement regarding the accident, her injuries and her expenses. In June, 1970, Miss Trevathan, then a 21-year-old senior at Murray State University, responded to a telephone call from the adjuster and with full knowledge of her parents, and with their consent, went to the State Farm Office to investigate the possibility of a settlement. By her own admission, the appellant at this time felt that she had no more injuries and was completely recovered. Therefore, on June 2, 1970, Miss Trevathan signed a standard form release discharging Ralph Tesseneer, Susan Tesseneer and State Farm from all claims stemming from 'all injuries, known or unknown, . . . which have resulted or may in the future develop . . .' from the accident. The release was in consideration of $344.16, a draft for which was issued to Miss Trevathan and later deposited in her bank account.

In September, 1970, while a student at Southwestern Seminary in Ft. Worth, Texas, the appellant allegedly suffered a blackout. Subsequent examinations purportedly attribute this incident to a form of epilepsy produced by a traumatic head injury. Miss Trevathan claims the injury resulted from the April, 1970, automobile accident. The epileptic condition has allegedly produced and will continue to produce considerable physical impairment and financial expense. The nature and extent of these alleged impairments and expenses are not an issue here but form the basis of the appellant's claim against the appellees.

The sole issue for the court's consideration here is the effect of the release signed by the appellant. Since the record is devoid of any indication of fraud, overreaching, or physical impairment at the time of execution, the simple question becomes whether the release is final and binding according to its terms or whether it may...