California Court of Appeal

In this case, plaintiff was injured while exercising at defendant's fitness facility. Plaintiff signed a release of liability with defendant prior to his injury. Summary judgment entered in favor of defendant is affirmed, where: 1) based on the clear and explicit language of the release agreement, plaintiff assumed responsibility for the risks arising from his use of defendant's facilities, services, equipment, or premises; 2) defendant did not act with gross negligence, and at worst, acted with ordinary negligence, which is covered by the release; 3) defendant did not manufacture the exercise machine on which plaintiff was injured, and the dominant purpose of defendant's membership agreement with plaintiff was providing fitness services rather than providing a product, and so it cannot be liable based on a claim for products liability; and 4) since there is no disputed issue of material fact concerning gross negligence, plaintiff's cause of action for breach of warranty is barred.

Appellate Information

• Decided 02/19/2015
• Published 02/19/2015

Judges

• Lavin

Court

• California Court of Appeal

Counsel