Dorman v. Kansas City Terminal Railway Co.

The opinion of the court was delivered by

Fromme, J.:

The plaintiff, Terry J. Dorman, brought an action for personal injuries under the Federal Employers’ Liability Act, 45 U.S.C. § 51 et seq. against the Kansas City Terminal Railway Company. The defendant railway pleaded a written release signed by plaintiff, a copy of which was filed with a motion for summary judgment. Plaintiff objected, saying the validity of the release was a question of fact to be tried to a jury. The trial court sustained the motion for summary judgment. Plaintiff appeals.

The following facts are taken from the petition,…