Oglesby v. Fitness
Plaintiff filed a lawsuit against Defendant fitness club alleging negligence and premises liability. Plaintiff alleged that he was injured while playing basketball, when the momentum of play caused his hand to go through a broken glass enclosure for a fire extinguisher due to Defendant’s failure to inspect and maintain.
Defendant moved for summary judgment on the grounds that there are no triable issues of fact where the express waiver of liability and primary assumption of risk doctrines are complete bars to Plaintiff’s action. The Court granted summary judgment in favor of Defendant on the basis of the express waiver of liability.