Mitchell v. C.C. Sanitation Co.

430 S.W.2d 933 (1968)

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Nature of the Case

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Facts

P was driving a truck in the course and scope of his employment for Herrin Transportation Company. As he was in the process of passing another truck driven by Crane (D), who was in the course and scope of his employment for the defendant C. C. Sanitation Company (D), D's suddenly and without warning was negligently steered to the left causing an accident which resulted in serious and permanent injuries to P. P alleged his damages to be in the sum of $40,000.00. P signed two releases. The first was in favor of Ds. It was signed by both P and Herrin and was for $388.65. The second release was also in favor of Ds, but it was signed only by Mitchell and was for $62.12. Ds filed a motion for summary judgment asserting that the releases signed by P and the acceptance of the checks paid pursuant to the releases barred any recovery by P. P alleged that the releases were signed by him because of duress and fraud imposed upon him by his employer, Herrin. Herrin handled its own claim service through one Ross C. Hall, under the name of Southwestern Claims Adjustment Company. Hall advised D of the damages to Herrin's truck and P, and placed D on notice of 'Herrin's subrogation interest for all property damage inflicted upon its equipment and all workmen's compensation payments to or on behalf of its driver, P.' Herrin told P he would be fired if he did not sign the release forms. The trial court granted the motion for summary judgment, denying all relief to P. P appealed.