Woyma v. Ciolek

• Decision Date: 07 November 1983
• Citation: 11 Ohio App.3d 288,465 N.E.2d 486,11 OBR 518
• Parties: , 11 O.B.R. 518 WOYMA, Appellee, v. CIOLEK, Admr., Appellant.
• Court: Ohio Court of Appeals

Page 288

11 Ohio App.3d 288

465 N.E.2d 486, 11 O.B.R. 518

WOYMA, Appellee, v. CIOLEK, Admr., Appellant.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

Nov. 7, 1983.

Syllabus by the Court

The strict terms of releases are not controlling, and a release may be avoided where the releasor can show that said release was executed by mutual mistake, as between the releasor and the releasee, of a fact material to the release, such as the nature, extent or gravity of the releasor's injury. The dispositive inquiry in each case is the intent of the parties. (Sloan v. Standard Oil Co., 177 Ohio St. 149, 203 N.E.2d 237 , followed.)

Roger D. Heller, Cleveland, for appellee.

Timothy T. Reid, Cleveland, for appellant.

PRYATEL, Judge.

Plaintiff-appellee, Ann Marie Woyma, filed suit against appellant's decedent, Herman Shackelford, alleging damages resulting from Shackelford's negligent operation of his motor vehicle. Woyma requested the trial court to set aside a release signed by the parties, on the grounds of mutual mistake. The court set aside the release and the jury awarded $22,500 to Woyma. We affirm for the reasons set forth in this opinion.

Woyma was a schoolteacher and in March 1977 was driving some of her pupils to the Justice Center for a field trip. She was stopped at a red light on East 30th Street when Herman Shackelford drove his car into the rear of Woyma's car. Shackelford was cited for driving while intoxicated.

Woyma was wearing her seat belt and shoulder harness. She was jolted and her head jerked back and forth, then hit the steering wheel. She had no visible signs of injury. After making the police report, Woyma and the children were examined at St. Vincent Charity Hospital and released.

Woyma had a headache and some neck pain for two to three days after the accident. These pains subsided, but the headaches returned a week or two later. Woyma did not at that time associate these later headaches with the accident.

Woyma was involved in a second car accident in April 1977. She did not suffer any symptoms from this second accident and did not seek medical attention.

Shackelford's insurance company paid the expenses incurred by Woyma to repair her car. The insurance company also paid her $25 for personal injuries after Woyma signed a release stating that she terminated all claims for personal injury against Shackelford for the March 1977 accident. The $25 was for a $10 X-ray bill not covered by Woyma's insurance, as well as $15 for the pain and suffering caused by the three days of headaches and neck pain. The insurance company computed this amount on the basis of Woyma's statement on the claim form that she had been treated for a stiff neck. No possibility of major injury was discussed.

The release form was mailed to Woyma who signed and returned it without consulting an attorney. She believed that she was not injured and no doctor had informed her of any possible injury.

In July 1978, Woyma began suffering from symptoms later diagnosed to be caused by the March 1977 accident with Shackelford. Woyma developed severe pain in her right elbow and arm, and later in her shoulders and neck. She then developed back pain, and her hands began to swell. She also suffered from dizzy spells. Woyma can no longer stand up straight. These symptoms were found to be a result of a latent back injury caused by the accident with Shackelford.

Woyma has been receiving treatment for the symptoms since July 1978. At the time of trial, she had incurred $1,200 in medical expenses and had been seen by doctors on at least thirty occasions. Prior to trial Woyma moved to set aside the release. To support her motion she presented the deposition of her treating physician, as well as three witnesses who testified concerning the effect of the injuries on Woyma's lifestyle. Appellant presented no witnesses on this motion. The trial court found the release to be based on mutual mistake. The case was tried before a jury which awarded Woyma $22,500. Appellant cites a single assignment of error in this appeal:

"The trial court erred in voiding the release where plaintiff had full opportunity to read the release and where plaintiff had negotiated and accepted payment for her claim."

Woyma signed a release that stated in part as follows:

"It is further understood that the injuries and damages and the legal liability therefor are disputed and denied, and that this release is to compromise and terminate all claims for both known and unknown injuries and damages [of] whatever nature, including all future developments thereof, in any way growing out of or connected with or which may hereafter in any [way] grow out of or be connected with said accident, and that all agreements and understandings between the parties in reference thereto are embodied herein."

The stated consideration for this release was $25. Shackelford's negligence was stipulated at trial and no errors were assigned or found by this court concerning the jury trial and award. The sole issue is whether the release was correctly set aside.

The Supreme Court of Ohio has held that the strict terms of releases are not controlling, and the releasee cannot circumvent the powers of equity to correct mistakes. Sloan v. Standard Oil Co. (1964), 177 Ohio St. 149, at 152, 203 N.E.2d 237 . Thus, a release may be avoided where the releasor can show that said...