McKINLEY v. GREYHOUND PARK

1 CA-CIV 255.

5 Ariz. App. 93 (1967)

423 P.2d 368

Marcas McKINLEY and Carrie McKinley, his wife, Appellants, v. GREYHOUND PARK, a corporation, and the Fund Insurance Companies, a corporation, Appellees.

Court of Appeals of Arizona.

February 10, 1967.


Attorney(s) appearing for the Case

W. Roy Tribble, Chandler, and Theodore G. McKesson, Phoenix, for appellants.

O'Connor, Anderson, Westover, Killingsworth & Beshears, by Gerald L. Jacobs, Phoenix, for appellees.


STEVENS, Judge.

The Appellants were the Plaintiffs in the Superior Court and the Appellees were the Defendants. The Appellants filed their action more than two years after the occurrence of the tort. The gravamen of their action was to seek a recovery for personal injuries. In order to avoid the two year statute of limitations, they sought to vacate and set aside a release of all claims. This phase of the litigation was incidental to the attempted recovery for the...

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