BALMER v. GAGNON

No. 2 CA-CIV 1280.

19 Ariz. App. 55 (1973)

504 P.2d 1278

Edwin BALMER, Appellant, v. James GAGNON and Jane Doe Gagnon, husband and wife, Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied February 20, 1973.


Attorney(s) appearing for the Case

Spaid, Fish, Briney & Duffield by Richard C. Briney, Tucson, for appellant.

Murphy, Vinson & Hazlett, P.C. by James M. Murphy and Carl E. Hazlett, Tucson, for appellees.


HOWARD, Judge.

This is an appeal from a judgment entered in a personal injury case wherein the trial court held a written release executed by the appellant Balmer to the appellees barred recovery.

The facts adduced at trial considered in the light most favorable to upholding the judgment of the trial court are as follows. On October 28, 1970, appellant Edwin Balmer was the driver of an automobile which collided with another vehicle being operated by appellee...

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