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Mitchell v. C.C. Sanitation Company, Inc.

Court of Civil Appeals of Texas

430 S.W.2d 933 (1968)

Relevant factsFree

R.L. Mitchell (plaintiff), a truck driver for Herrin Transportation (Herrin), sought roughly $40,000 in damages after being hit by a C.C. Sanitation Company (defendant) truck; Herrin, whose own separate damages were handled by claims adjuster Ross Hall, allegedly had Hall threaten Mitchell — in coordination with C.C. Sanitation — that Mitchell would lose his job if he did not sign two releases (for Herrin's damages and Mitchell's own medical costs) in favor of the defendants. Mitchell sued to set aside the releases as signed under duress, but the trial court granted the defendants summary judgment on the theory the releases were enforceable since the threatened job loss was itself lawful conduct.

IssueFree

Whether a threat to exercise a lawful right can constitute duress or fraud.

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