Larry E. Forbes
v.
Benton County Agricultural Society
Appellant
Larry E. Forbes
Appellee
Benton County Agricultural Society
Attorney for the Appellant
Jeffrey L. Clark
Attorney for the Appellee
Natalie Williams Burris
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Benton County, Andrew B. Chappell, Judge. AFFIRMED. Considered by Bower, C.J., Tabor, J., and Danilson, S.J. Opinion by Tabor, J. (11 pages)
Larry Forbes appeals the grant of summary judgment to the Benton County Agricultural Society (Ag. Society) after suffering a head injury at the fairgrounds. Forbes and the Ag. Society reached a settlement agreement before Forbes learned that Medicare made conditional payments toward his medical expenses. On a motion for summary judgment, the district court enforced the settlement agreement. Forbes now argues the agreement was unenforceable because the parties failed to reach a “meeting of the minds.” Alternatively, he argues the agreement was voidable because it resulted from a mutual mistake. OPINION HOLDS: Because settlement agreements are essentially contracts and the district court properly applied contract law, we affirm. The record showed a “meeting of the minds,” and Forbes bore the risk of the mistake. The district court properly granted summary judgment in favor of the Ag. Society.
