Ervin v. Hosanna Ministry, Inc.

Jacqueline Ervin (plaintiff) entered Hosanna Ministry's (defendant) drug and alcohol rehabilitation program and allegedly signed a general liability waiver before admittance; she and her husband later sued Hosanna for negligently maintaining unsafe premises, resulting in her injury. Hosanna moved for summary judgment, arguing Ervin had freely and knowingly waived her claims; Ervin's affidavit countered that she was under the influence of cocaine and alcohol at the time and had no recollection of signing the waiver at all, and separately alleged the waiver contained fraudulent misrepresentations she wouldn't have agreed to sober.