Nature of the Case
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Facts
Ervin (P) was admitted to the care and custody of Hosanna (D) for treatment and rehabilitation for her alcohol and drug addictions. P paid for this care and alleged negligence on the part of D in the failure to maintain its premises in a reasonably safe condition resulting in injury to P. D filed a motion for summary judgment in that P waived her right to bring any claim against D based on D’s intentional, reckless, or negligent conduct by her signing a general release. P had no recollection of signing the release, claimed she was in diminished capacity if she did sign it, and that there were fraudulent misrepresentations made to P at the time of her admittance and that these had induced her to enroll in D’s program.
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