Joe Riley shattered the bones above his left ankle in

Joe Riley shattered the bones above his left ankle in an accident at Ingalls Shipbuilding, Inc. In the hospital, Riley met with Caty Suthoff, an insurance claims adjuster. Riley answered her questions about his injury accurately and clearly, and signed a form consenting to the release of his medical records. Later, Riley complained of back pain, which he blamed on the accident, but his physician made a note that the pain was not work related. To prevent the insurance company from seeing this note—which would reduce the amount of his monetary recovery—Riley filed a suit against the adjuster. He contended that he had signed the consent form while incapacitated by medication. Did Riley show a lack of capacity when he signed the form? Did he show a lack of ethics when he filed the suit? Discuss. [Riley v. F. A. Richards & Associates, Inc., 16 So.3d 708 (Miss.App. 2009)]

 

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