Facts

On November 29, 2001, plaintiff Yok Hing Law and defendant Maria Rita Corral got into a car accident. Defendant was driving a vehicle owned by defendant Ryder Truck Rental Inc. Ryder turned its defense over to its insurance carrier which turned it over to claim adjusters, David Morse & Associates.

The adjuster, John Solomon, who was assigned the investigation and handling of the claim knew the claim was for property loss and not personal injury. He was instructed to look for any indication of bodily injury when discussing the matter with plaintiff. When Solomon met with plaintiff he did not see any signs of personal injury but testified that he did see plaintiff periodically screech and raise her arms for no apparent reason. He asked her whether she was claiming that this behavior was because of the accident but he did not get a clear answer from plaintiff. The discussion and paperwork was all in English.

Plaintiff signed two documents during this meeting. One was an "Explanation and Waiver of Civil Code Section 1542" and the second was a "Release of All Claims" form. Plaintiff alleged she did not understand the documents and Solomon claimed that she had no problem reading the documents. Plaintiff called her attorney and read the documents to him in Chinese before signing them.

Plaintiff and Solomon agreed to a settlement of $6,294.47 and that she could keep her car. There was differing testimony concerning whether plaintiff's husband had a discussion with Solomon about whether the settlement was for property damage only.

PLAINTIFF'S CONTENTIONS:
On Dec. 2, 2002, plaintiff filed a complaint for personal injuries. The matter was tried before a court pursuant to the stipulation of the parties on a bifurcated basis with regard to the issue of whether plaintiff was precluded from pursuing this action due to the release she had signed on Sept. 12, 2002 and a waiver of Civil Code Section 1542.

Result

The court found for defendant, specifically that plaintiff knowingly foreclosed an action for her personal injuries.