Ervin v. Hosanna
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| Ervin v. Hosanna | |
| Court | Connecticut Superior Court |
|---|---|
| Citation | 1995 WL 681532 |
| Date decided | November 8, 1995 |
Facts
Ms. Ervin ("Ervin") was admitted to Hosanna Ministries, Inc., ("Hosanna") for rehabilitation for drug & alcohol. While there, Ervin slipped & fell in the facility of Hosanna Ministry.
Procedural History
Ervin sued Hosanna Ministry for negligence.
The trial court issued a summary judgment in favor of Hosanna.Issues
May people avoid contractual obligations because they were intoxicated at the time of contracting?
Arguments
Hosanna Ministry argued that Ervin had signed a form releasing Hosanna Ministry of liability for Hosanna's intentional, reckless, or negligent conduct.
Ervin retorted that she was addicted to crack cocaine & alcohol when she was admitted to the facility. Additionally, Ervin denied having any recollection of signing the release of liability form.Holding
Yes. People may avoid contractual obligations if they were intoxicated at the time of contracting.
Hosanna's motion for summary judgment is denied.Judgment
Reversed the trial court's summary judgment
Reasons
Judge Skolnick: People may avoid contractual obligations if they were mentally incapacitated at the time of contracting.
Rule
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