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Ervin v. Hosanna Ministry, Inc. | 1995 WL 681532 (1995)
Some people enjoy internet shopping after having a glass or two of wine. But what happens if you drunkenly buy something after having a bottle or two of wine and can’t even remember making the purchase? Can you return it for a full refund because you were extremely intoxicated when you bought it? Or are you just stuck with it? In Ervin versus Hosanna Ministry, Incorporated, we explore whether people may avoid their contractual obligations because they were intoxicated at the time of contracting.
Jacqueline Ervin was admitted to Hosanna Ministry for drug and alcohol rehabilitation treatment. While staying at Hosanna, Ervin slipped and fell in a pool of water that had accumulated on the floor. She sued Hosanna for negligence.
Hosanna moved for summary judgment. Hosanna claimed that Ervin had signed a release. That release provided that Ervin freely and knowingly released Hosanna from any claims based upon Hosanna’s intentional, reckless, or negligent conduct. In opposition to Hosanna’s motion, Ervin submitted an affidavit explaining that she was addicted to crack cocaine and alcohol when she was admitted to the facility. She further asserted that she had no memory of signing the release.
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