California Court of Appeal

In negligence action for personal injuries sustained when plaintiff's foot became stuck to a sticky substance on a treadmill at defendant's health club, summary judgment for defendant is reversed where: 1) the liability release contained in the signed membership agreement is too unambiguous to insulate the health club from liability to plaintiff for its own negligence; and 2) triable issues of material fact exist regarding whether the health club negligently failed to inspect and maintain its exercise equipment.

Appellate Information

• Decided 10/03/2007
• Published 10/03/2007

Judges

• JOHNSON, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• The Mandell Law Firm and Mara E.J. Burnett, Northridge, for Plaintiff and Appellant.


• For Appellees:
  
• Law Offices of Virgil L. Roth, Virgil L. Roth, South Pasadena, and Anthony A. Dimonte, Pasadena, for Defendant and Respondent.