ALEXANDER v. KIRKHAM

No. 78-387.

365 So.2d 1038 (1978)

Perry ALEXANDER and Marla Alexander, His Wife, Appellants, v. Edward KIRKHAM and Federated Mutual Insurance Company, a Foreign Corporation, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 22, 1979.


Attorney(s) appearing for the Case

Horton, Perse & Ginsberg and Edward A. Perse, Hawkesworth & Schmick, Miami, for appellants.

Magill, Sevier & Reid and Kevin P. O'Connor, Miami, for appellees.

Before PEARSON, HUBBART and SCHWARTZ, JJ.


SCHWARTZ, Judge.

The plaintiffs appeal from a final summary judgment against them which upheld as a matter of law the efficacy of a release, given by the plaintiffs to third parties, to bar their claim against the present defendants. We reverse.

On September 23, 1973, the plaintiff Perry Alexander was seriously injured in an accident on I-95, in which two other drivers, Mohamed Mysorewalla, who was insured by Preferred Risk Insurance Company, and Edward Kirkham...

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