DONLEY v. PARKER

No. 60513.

833 S.W.2d 480 (1992)

James DONLEY, Plaintiff/Appellant, v. Lum PARKER, Defendant/Respondent.

Missouri Court of Appeals, Eastern District, Division Two.

July 14, 1992.


Attorney(s) appearing for the Case

Gordon W. Neilson, St. Louis, for plaintiff/appellant.

Pamela M. Triplett, St. Louis, for defendant/respondent.


GRIMM, Presiding Judge.

In a motion for summary judgment, defendant alleged he and plaintiff "entered into a binding agreement" that plaintiff would not prosecute plaintiff's claim for personal injuries. The trial court sustained the motion.

On appeal, plaintiff alleges "defendant failed to prove that there was any final permanent settlement of the case." We agree and therefore reverse and remand.

I.

On September 28, 1986, automobiles driven...

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