Lawrence S. Leiken v. Marie N. Wilson and

FERREN, Associate Judge: We granted this appeal from a decision of the Small Claims Branch because it presents two significant issues that are likely to recur in the administration of small claims as well as else-where in the Civil Division: (1) Did the trial court err in vacating a consent judgment (based on a settlement agreement) against appellee Wingate, the driver of an automobile that collided with appellant's parked car? (2) Did the court properly rule that appellees Wingate and Wilson (the car owner) were not liable for negligence since neither of them knew, or reasonably could have known, that the brakes were defective and violated local traffic regulations? As to the first question, we conclude that the court did err in vacating the judgment because, in finding the settlement agreement unconscionable, the court misinterpreted its terms. Appellee Wingate accordingly is bound to pay appellant $490.