Richard Tran et al. vs. Fitness International, LLC et al.
Plaintiffs filed a lawsuit against Defendants fitness club and product manufacturer for negligence, strict products liability, and loss of consortium, alleging that Defendant fitness club failed to maintain its fitness machines in a safe condition for use by its customers and that Defendant purchased and allowed plaintiff Tran to use an allegedly defective machine, causing his injuries.
Defendant fitness club moved for summary judgment on the grounds that the express waiver of liability is a complete bar to plaintiffs’ actions, and there was no evidence of gross negligence as a matter of law.
The Court granted summary judgment in favor of Defendant fitness club.