Gust v. Consolidated Rail Corp.

Michigan Court of Appeals

Gust v. Consolidated Rail Corp.

321 N.W.2d 852, 116 Mich. App. 90

CourtMichigan Court of Appeals

DecidedMay 5, 1982

DocketDocket 57804

StatusPublished

Cited by1 cases

This text of 321 N.W.2d 852 (Gust v. Consolidated Rail Corp.) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gust v. Consolidated Rail Corp., 321 N.W.2d 852, 116 Mich. App. 90 (Mich. Ct. App. 1982).

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Opinion

S. Everett, J.

This is a Federal Employers’ Liability Act, 45 USC 51 et seq. (hereinafter FELA) action brought by the plaintiff, a locomotive engineer, for compensation for injuries he claimed were sustained in the course of his employment as a result of the failure of the defendant, his employer, to provide a safe place to work. The plaintiff was exposed to toxic and noxious fumes and gases. He received medical attention and missed two days of work. Shortly thereafter, he met with defendant’s claim agent, settled his claim for $650 and executed a general release.

Plaintiff instituted this action claiming that he ultimately developed pulmonary and respiratory problems related to the incident at work. He contends that there was a mutual mistake as neither he nor his employer was aware of the nature of the injuries and that they were not ascertainable *92 at the time of his physical examination. On motion for accelerated judgment, the suit was dismissed on the basis that the claim was barred by the release. Plaintiff appeals as a matter of right.

The validity of a release under FELA is determined by federal, not state, law. Dice v Akron, C & Y R Co, 342 US 359, 361; 72 S Ct 312, 314; 96 L Ed 398, 403 (1952). In order to rescind or invalidate a release, it is necessary to show a mistake concerning past or present facts material to the agreement. A mistake as to the future effect of presently known facts will not affect the validity of the agreement. Heston v Chicago & NW R Co, 341 F Supp 126 (ND Ill, 1972).

In Taylor v Chesapeake & O R Co, 518 F2d 536 (CA 4, 1975), it was held that a release bargained for on the mistaken assumption that the injured employee’s injuries had not resulted in a present, permanent disability did not support dismissal, but that in such a case the issue of the invalidity of the release on account of mutual mistake was for the jury. It is plaintiffs claim that such a mistaken assumption was made both by himself and defendant’s representative. It appears, therefore, that the order of accelerated judgment should not have been entered, there being a factual issue for determination by a jury.

Reversed and remanded. Costs to appellant.

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S. Everett, J.

This is a Federal Employers’ Liability Act, 45 USC 51 et seq. (hereinafter FELA) action brought by the plaintiff, a locomotive engineer, for compensation for injuries he claimed were sustained in the course of his employment as a result of the failure of the defendant, his employer, to provide a safe place to work. The plaintiff was exposed to toxic and noxious fumes and gases. He received medical attention and missed two days of work. Shortly thereafter, he met with defendant’s claim agent, settled his claim for $650 and executed a general release.

Plaintiff instituted this action claiming that he ultimately developed pulmonary and respiratory problems related to the incident at work. He contends that there was a mutual mistake as neither he nor his employer was aware of the nature of the injuries and that they were not ascertainable *92 at the time of his physical examination. On motion for accelerated judgment, the suit was dismissed on the basis that the claim was barred by the release. Plaintiff appeals as a matter of right.

The validity of a release under FELA is determined by federal, not state, law. Dice v Akron, C & Y R Co, 342 US 359, 361; 72 S Ct 312, 314; 96 L Ed 398, 403 (1952). In order to rescind or invalidate a release, it is necessary to show a mistake concerning past or present facts material to the agreement. A mistake as to the future effect of presently known facts will not affect the validity of the agreement. Heston v Chicago & NW R Co, 341 F Supp 126 (ND Ill, 1972).

In Taylor v Chesapeake & O R Co, 518 F2d 536 (CA 4, 1975), it was held that a release bargained for on the mistaken assumption that the injured employee’s injuries had not resulted in a present, permanent disability did not support dismissal, but that in such a case the issue of the invalidity of the release on account of mutual mistake was for the jury. It is plaintiffs claim that such a mistaken assumption was made both by himself and defendant’s representative. It appears, therefore, that the order of accelerated judgment should not have been entered, there being a factual issue for determination by a jury.

Reversed and remanded. Costs to appellant.

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321 N.W.2d 852, 116 Mich. App. 90, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gust-v-consolidated-rail-corp-michctapp-1982.

Opinion

S. Everett, J.

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