Schoenly v. Nashville Speedways, Inc.

This action was brought by Paul E. Schoenly against Nashville Speedways, Inc., and McDowell & McDowell, to recover damages for personal injuries alleged to have been caused plaintiff by the concurrent negligence of defendants and of State Highway Patrolman Charles E. Graham, in particulars hereinafter set out.

Defendants each filed a special plea of discharge or accord and satisfaction and of judicial estoppel against the right of plaintiff to maintain this suit, because the Board of Claims had awarded him compensation for his injuries in the sum of $5,000, which had been paid to him.

Plaintiff…