This section contains the nature of the case and procedural background.

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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