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Andreini v. Hultgren | 860 P.2d 916 (1993)
If a party signs a contract under duress, the agreement isn’t voluntary, and the contract can be voided. What does it take for a threat to create enough duress to void a contract? The Utah Supreme Court explored this question in Andreini versus Hultgren.
Doctor David Beck operated on Eugene Andreini’s knee, assisted by anesthesiologist Doctor Bruce Hultgren.
After the knee surgery, Andreini experienced a pins-and-needles sensation in his hands.
By the time Andreini was discharged from the hospital two weeks later, his hand muscles had shrunk noticeably, and he had nerve damage in both hands. Beck told Andreini that the damage was probably hereditary or from lying in bed while recovering.
A month later, a different doctor told Andreini that he had suffered a compression paralysis in both hands. A nurse who wasn’t associated with the hospital told Andreini that the hospital might have caused the nerve damage by strapping his hands too tightly during the knee surgery.
Beck offered to operate on Andreini’s hands at a reduced cost, and Andreini agreed. Andreini was in a gown, prepped, and about to have the hand operation when the hospital asked him to sign a document releasing the hospital and Beck from liability for the hand issues.
Andreini protested. But Beck said he wouldn’t perform the surgery to fix Andreini’s hands unless Andreini signed the release. Andreini’s hands were rapidly getting worse. So, although he was visibly upset, Andreini signed the document.
The surgery was unsuccessful. Andreini’s hands became so damaged that he couldn’t grasp or hold anything.
Andreini sued Beck, Hultgren, and the hospital for his hand damage. Beck and the hospital moved for summary judgment, contending that Andreini had released any claims against them. Andreini argued that the release wasn’t valid because he’d signed it under duress. Hultgren also moved for summary judgment, arguing that the claims against him were time-barred. The district court granted both motions and dismissed the case. Andreini appealed to the Utah Supreme Court.
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