Rojas v. Fitness International, LLC


    Plaintiff filed a lawsuit against Defendant fitness club for negligence and premises liability for failure to maintain a handicap bench in a safe condition for use by its customers, causing plaintiff’s injuries.

    Defendant fitness club moved for summary judgment on the grounds that there are no triable issue of facts where the express waiver of liability is a complete bar to plaintiff’s action. The court held there was no evidence of gross negligence and plaintiff failed to overcome her burden to assert a violation of the Americans with Disabilities Act outside of plaintiff’s pleadings as a matter of law.

    The Court granted summary judgment in favor of Defendant.

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