Melvin v. Stevens

DONOFRIO, Presiding Judge.

This is an appeal by the plaintiff in a personal injury action which resulted in the entry of a judgment in favor of defendant because of a general release executed by plaintiff. The question to be determined is the validity and effect of the release in the face of allegations of fraud and mutual mistake.

On April 30, 1961, the plaintiff-appellant, Gerald Melvin, was injured in an automobile accident near Salome, Arizona, when his 1956 Ford in which he was a passenger collided nearly head-on with a car being driven by the defendant-appel-lee, James Stevens. Melvin was…