State Farm Mutual Automobile Insurance v. Turner

Shaw, Judge:

Appellant State Farm Mutual Automobile Insurance Company brought this action against respondent Helen H. Turner seeking a declaratory judgment to sustain the validity of a release signed by respondent Turner. A jury found the release invalid. We affirm.

The sole issue is whether the trial judge erred in refusing to grant a directed verdict to State Farm. We hold he was correct in submitting the issue to a jury.

On August 25, 1987 Mrs. Turner was involved in an automobile accident with Sheila A. Lucas who was operating an automobile owned by Donnie M. Lucas. Both Mrs. Turner and the…