Harvey v. Robey

The assignment of error that is dispositive of this appeal is whether the trial' 1 court erred in failing to strike plaintiff’s evidence and enter summary judgment for the defendant, Evelyn Louise Harvey, on a special plea of accord, satisfaction and release.

Ann Hadden Robey, the plaintiff, was injured as a result of an automobile accident which occurred on January 28, 1966, on State Route 297 in Campbell County. She was a passenger in a car driven by her husband when it was involved in a collision with a car driven by defendant.

Plaintiff lost consciousness as a result of the accident and…