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BERNSTEIN v. KAPNECK

[No. 77, September Term, 1980.]

290 Md. 452 (1981)

430 A.2d 602

HELEN M. BERNSTEIN ET AL. v. DEAN RAUM KAPNECK ET AL.

Court of Appeals of Maryland.

Decided June 10, 1981.

Attorney(s) appearing for the Case

Morris Kletzkin, with whom were Gerald Herz and Friedlander, Misler, Friedlander, Sloan & Herz and Edwin S. Bernstein on the brief, for appellants.

Thomas H. Talbott, with whom were Janet S. Zigler and Brault, Graham, Scott & Brault on the brief, for appellees.

The cause was argued before MURPHY, C.J., and SMITH, DIGGES, ELDRIDGE, COLE, DAVIDSON and RODOWSKY, JJ.

DIGGES, J., delivered the opinion of the Court. DAVIDSON, J., concurs in the result and filed a concurring opinion at page 465 infra.

Succinctly put, this appeal presents the issue whether a straightforward release of all claims for personal injuries, untainted by unconscionable conduct on the part of the releasee, may be avoided by the releasor when it later appears that unknown wounds existed at the time the document was executed; and, assuming that it may...

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