Williams v. Metoyer

Plaintiff 1 filed suit to recover damage resulting from an accident in which his vehicle was struck by an automobile driven by defendant. Defendant moved for accelerated judgment under GCR 1963, 116.1(5) on the grounds that plaintiff’s claim was barred by a release previously executed by the plaintiff. At the suggestion of the trial court defendant’s motion was held in abeyance pending a determination by a court of equity as to whether or not defendant should be barred from asserting the defense of release. After hearing testimony, the trial judge determined plaintiff had not established his…