Moore v. Missouri Pacific Railroad

Jack Holt, Jr., Chief Justice.

This appeal involves an issue of first impression in Arkansas: Whether a general release discharging “any and all persons, associations and corporations, whether herein named or referred to or not” is effective to release potential joint tortfeasors not named or specifically identified in the release. The trial court granted summary judgment on the basis that a general release is effective to release such parties. It erred in doing so. Accordingly, we reverse and remand.

On September 13, 1984, an automobile-train collision occurred in Benton, Arkansas. The driver…