California Court of Appeal

In a product liability action for injuries sustained while exercising on a stair step machine at a fitness center owned and operated by defendant, summary judgment for defendant is affirmed where: 1) the undisputed evidence showed that the dominant purpose of plaintiff's membership agreement with defendant was for the provision of fitness services; and thus, 2) defendant was not strictly liable to plaintiff under a product liability theory of recovery.

Appellate Information

• Decided 12/19/2008
• Published 12/19/2008

Judges

• MOSK, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• The Halpern Law Firm and Jesse L. Halpern for Plaintiff and Appellant.


• For Appellees:
  
• Prindle, Decker & Amaro, Jack C. Nick, Long Beach, and Cynthia A. Palin for Defendant and Respondent.