Legal Opinion

Defigueiredo v. Publix Super Markets, Inc.

District Court of Appeal of Florida

Decided February 1, 1995No. 93-2550Published

1Opinion of the Court

FARMER, Judge.

We reverse a summary judgment in this slip and fall case and remand for a trial on the issues.

The summary judgment is based on a release given by plaintiff in exchange for the payment of some initial medical bills totaling $288. In an avoidance of the release, plaintiff claimed that it was procured through fraud by Publix or unilateral mistake on her part. In her deposition testimony and affidavit opposing the summary judgment, she testified that Publix told her to go to one of their stores to receive reimbursement of medical bills after she suffered a fall in a Publix store and…

2Cases cited4 opinions

  1. Maryland Casualty Company v. KrasnekSupreme Court of Florida · 1965
  2. Florida East Coast Railway Co. v. ThompsonSupreme Court of Florida · 1927
  3. Henson v. James M. Barker Co., Inc.District Court of Appeal of Florida · 1990
  4. Buchanan v. ClintonDistrict Court of Appeal of Florida · 1974

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