George Ropel was a pedestrian who was seriously injured when he was struck by a motor vehicle driven
George Ropel was a pedestrian who was seriously injured when he was struck by a motor vehicle driven by the defendant Robert Cross. The driver’s insurance company was Intact Insurance company. George Ropel signed a complete release of all claims for a payment made to him by Intact insurance in the amount of $10,300. Although George Ropel accepted the payment and signed the release of claims against Intact insurance, a short time later he approached Intact Insurance for further benefits since he was experiencing a great deal of pain which prohibited him from working. When George Ropel approached Intact Insurance for further benefits, he claimed he did not even read the documents when he accepted the release conditions. Intact Insurance refused paying further benefits to George Ropel, taking the position that the releases he had signed were final and the matter and claim was closed. George Ropel sued and took Intact Insurance to court. He testified that he had been consuming significant amounts of alcohol daily since the accident to mask the pain. In addition, he testified he was also consuming prescription and non-prescription pain medication to help with the pain suffered from the accident. He testified to the court that on the day he signed the release forms drafted by Intact Insurance, he had consumed 5 to 6 large cans of beer and had taken painkillers. Witnesses indicated that George Ropel was visually intoxicated on the day he signed the release forms. George Ropel, to mask the smell of liquor on his breath, testified he had been chewing spearmint gum, when he met with the Intact Insurance Claim Agent when he signed the release form. Case Questions: 1. After reading the case summary, explain the issues before the court as they relate to deciding on matters relating to the Formation of Contracts. 2. Explain the arguments the plaintiff, George Ropel would present to the court in his statement of claim. 3. Explain the arguments the defendant, Intact Insurance would present in defense of their denial for further benefits to be paid to George Ropel. 4. Present a likely outcome of the case drawing upon the rationale to responses to Questions: to 3. May 16 2022 03:13 PM
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