McGrath v. Bill Johnston Golf Properties, Inc.

CAMERON, Judge.

This is an appeal by the plaintiff, Gerald W. McGrath, frcm a summary judgment granted by the Superior Court of Maricopa County in favor of the defend ants Bill Johnston Golf Properties, Inc., William Johnston, and H. Furman Byars.

Two issues have been raised by this appeal from that summary judgment:

1. Is the threat of a civil lawsuit sufficient duress to invalidate a release?

2. Was the release signed by plaintiff Gerald W. McGrath supported by consideration ?

Viewing the record most favorably to the party opposing the motion, in this case the plaintiff, Lawless v. Ennis, 3…