DEFIGUEIREDO v. PUBLIX SUPER MARKETS, INC.

No. 93-2550.

648 So.2d 1256 (1995)

Nivia DEFIGUEIREDO, Appellant, v. PUBLIX SUPER MARKETS, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

February 1, 1995.


Attorney(s) appearing for the Case

Carol J.Y. Wilson, Law Offices of Carol J.Y. Wilson, Miami, and Scott J. Jontiff, Landman & Jontiff, P.A., Miami Beach, for appellant.

Shelley H. Leinicke, Wicker, Smith, Tutan, O'Hara, McCoy, Graham & Lane, P.A., Fort Lauderdale, for appellee.


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...

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