The moving parties sought to set aside an order dismissing their personal injury action on consent, arguing that the primary plaintiff was a person under disability at the time of the settlement and that the settlement was unconscionable.
The court found that the plaintiff had the capacity to understand the information relevant to the settlement and appreciate its consequences, and was therefore not under disability.
Furthermore, the court held that even if the plaintiff had been under disability, the circumstances did not warrant setting aside a final judgment four years later, especially where the defendant settled in good faith and the plaintiffs could not return the settlement funds.
The motion was dismissed.
