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DECKER v. URRUTIA

No. 01-96-01560-CV.

965 S.W.2d 26 (1998)

Ferol DECKER, Appellant, v. Emilio URRUTIA and Penske Truck Leasing Co., L.P., Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

Opinion Overruling Rehearing April 30, 1998.

Attorney(s) appearing for the Case

Dan Hennigan, Houston, for Appellant.

William Harmond, Tim S. Leonard, Houston, for Appellees.

Before MIRABAL, HEDGES and ANDELL, JJ.

OPINION

MIRABAL, Justice.

Following an automobile accident, plaintiff Ferol Decker settled his claims against defendant Emilio Urrutia (the driver of the other vehicle, a rented truck) and defendant Penske Truck Leasing Co. (the truck rental company). After the settlement, plaintiff sued the defendants for negligence, alleging the settlement was void due to fraud or mutual mistake. Plaintiff appeals a take-nothing summary judgment in favor of both defendants...

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