Thorstenson v. ARCO Alaska, Inc.

OPINION

COMPTON, Justice.

When he was terminated by ARCO in 1986, Joe Thorstenson signed an agreement releasing ARCO from all claims arising from his termination. Later that year, he filed suit against ARCO for wrongful termination. He claimed that the release was voidable for duress, mistake, and misrepresentation. ARCO moved for summary judgment on the grounds: (1) that Thor-stenson had ratified the release; and (2) that he had failed to tender back the benefits of the release agreement. The superi- or court granted ARCO’s motion on both grounds. We reverse.

I. FACTS AND PROCEEDINGS

Joe…