Lynch v. Missouri-Pacific Railroad

George Rose Smith, Justice.

This is a suit by Randall K. Lynch, now age 25, for personal injuries and property damage sustained when his pickup truck was struck by a Missouri-Pacific train at a crossing in Smackover. At the end of the trial the judge directed a verdict for the defendant, on the ground that Lynch had executed a valid release of his claim. The only question on appeal is whether there was any issue of fact concerning the validity of the release. Our jurisdiction, rests on Rule 29 (1) (o).

The accident happened on a Thursday morning in September, 1981. As Lynch was crossing the…