Theisen v. Kroger Co.

Plaintiff appeals as of right from a lower court order denying her motion to set aside a release and granting defendant’s motion for accelerated judgment based upon that release. We affirm.

Plaintiff alleged that on July 3, 1979, while shopping in one of defendant’s stores, she slipped and fell on the spilled contents of a broken bottle of mayonnaise. Her complaint stated that the fall severely aggravated a previously existing arthritic condition. It further averred that plaintiff herself was free from any negligence.

The release in question was signed on July 16, 1979, after plaintiff had…