California Court of Appeal

In a negligence action stemming from a catastrophic injury sustained by plaintiff, alleging the fitness center was negligent in setting up a treadmill in a manner that violated the manufacturer's safety instructions, the trial court's grant of summary judgment in favor of fitness center is reversed where: 1) the liability release is not enforceable against plaintiff's claim of gross negligence; and 2) the release was obtained by fraud and misrepresentation.

Appellate Information

• Decided 06/09/2015
• Published 06/09/2015

Judges

Court

• California Court of Appeal

Counsel