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DORMAN v. KANSAS CITY TERMINAL RY. CO.

No. 53,242

231 Kan. 128 (1982)

642 P.2d 976

TERRY J. DORMAN, Appellant, v. KANSAS CITY TERMINAL RAILWAY COMPANY, Appellee.

Supreme Court of Kansas.

Opinion filed April 3, 1982.

Attorney(s) appearing for the Case

Cliff W. Ratner, of Ratner, Mattox, Ratner, Barnes & Kinch, P.A., of Wichita, argued the cause, and William L. Roberts, of Kansas City, was with him on the brief for the appellant.

Thomas S. Stewart, of Lathrop, Koontz, Righter, Clagett & Norquist, of Kansas City, Missouri, argued the cause, and Harlan D. Burkhead, of the same firm, and Robert A. DeCoursey, of Kansas City, were with him on the brief for the appellee.

The opinion of the court was delivered by

FROMME, J.:

The plaintiff, Terry, J. Dorman, brought an action for personal injuries under the Federal Employers' Liability Act, 45 U.S.C. § 51 et seq. against the Kansas City Terminal Railway Company. The defendant railway pleaded a written release signed by plaintiff, a copy of which was filed with a motion for summary judgment. Plaintiff objected, saying the validity of the release was a question of...

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