California Court of Appeal

In this personal injury litigation, plaintiff suffered a knee injury during a kickboxing class while being assisted by an instructor-employee of defendant Meridian Sports Club. Summary judgment in favor of defendant is affirmed, where: 1) the instructor did not act with gross negligence, and there is no disputed issue of material fact on the issue of whether the instructor acted with gross negligence; 2) plaintiff signed a valid waiver of liability that bars the negligence action; and 3) the assumption of risk doctrine applies in these circumstances, as plaintiff engaged in kickboxing, with its inherent risk of injury, and the instructor's conduct did not increase the risks inherent in the sport.

Appellate Information

• Decided 11/06/2014
• Published 11/06/2014

Judges

• Kriegler

Court

• California Court of Appeal

Counsel