Fettig v. Hilton Garden Inns Management LLC
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Plaintiff filed a personal injury lawsuit against a Hilton hotel after she was allegedly hit by a shuttle operated by Hilton. Although Hilton denied liability, mid-trial the parties settled for $85,000. The trial court confirmed Plaintiff's desire to accept the agreement on the record. Through different counsel, Plaintiff later filed a motion to rescind the settlement agreement, claiming counsel forced her to accept the agreement. According to Plaintiff, counsel stated that if she did not accept the settlement "he would not be coming back to trial tomorrow."
The trial court denied Plaintiff's motion and the Second Appellate District affirmed. The court explained that Hilton was not involved in any potential duress, but was unaware of counsel's refusal to resume proceedings if Plaintiff did not accept the agreement. The court explained the contract was not voidable because Hilton acted in good faith and lacked knowledge of any potential duress.
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