Azarfar v. Fitness International, LLC


    Alice Chen Smith and Lauren Lofton obtained summary judgment on behalf of their fitness club client.

    Plaintiff filed a lawsuit against Defendant for gross negligence and negligent hiring, supervision and retention against Defendant and employee aerobics class instructor.  Plaintiff alleged that she was injured during an aerobics class when she stepped back and came in contact with another participant’s step because Defendants allowed too many people to be in the room with inadequate space for exercise.

    Defendants moved for summary judgment on the grounds that no triable issue of fact exists where the express waiver of liability contained in Plaintiff’s Membership Agreement is a complete bar to plaintiff’s actions, and there is no evidence of gross negligence.  In addition, since the defendant instructor was in the course and scope of his employment, there is no separate negligent hiring claim pursuant to Diaz v. Carcamo.  The Court granted summary judgment in favor of both Defendants.


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