DuBois

Myrtle H. DuBois appeals from a judgment in favor of defendants Carole L. Sparrow and Grant S. Sparrow after the defendants’ motion for nonsuit was granted. The complaint sought damages for personal injuries arising out of an intersection collision between plaintiff’s vehicle and a vehicle driven by defendant Carole Sparrow. General damages of $50,000 were alleged.

In a second cause of action, plaintiff sought to rescind a release in favor of the Sparrows covering “all liability resulting because of the accident,” allegedly executed by her on May 10, 1971, in order to receive the sum of $2,240 “for the purpose of paying and discharging her medical, hospital and doctor bills incurred to that date and to acquire a new automobile.” In her complaint, plaintiff admitted signing the document (which was a printed form filled in partly on a typewriter and partly in handwriting) but alleged that at the time of signature it “was blank as to all typewritten or handwritten provisions thereof other than the signature of Myrtle H. DuBois and the date after her name, ‘5-10-71’.”

A bifurcated jury trial was held on the issue of the validity of the release. Plaintiff presented testimony…