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Case No. 20-1250

For summaries from opinions prior to August, 2018, view PDF versions here

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:
20-1250
Date Published:
May 12, 2021
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.

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