Anderson vs Fitness International, LLC
Plaintiff, Kirk Anderson filed an action against Defendant, Fitness International, LLC for damages arising out of a slip and fall incident in a gym’s shower area. Plaintiff’s complaint is premised entirely on the contention that Plaintiff and others had previously slipped in the shower area and had asked Defendant to make the area more slip-resistant, but Defendant failed to do so. Defendant moved for summary judgment on Plaintiff’s complaint, contending that Plaintiff signed a release and waiver that barred plaintiff’s action. Plaintiff argued that Defendant’s conduct amounted to "gross negligence," and a claim for gross negligence is not barred by a release and waiver. Defendant argued that no claim for gross negligence can be maintained under the facts of the case.
Prior to the hearing on summary judgment, the Court granted Defendant’s motion to strike the language concerning "gross negligence" from the complaint, finding that the complaint sounded in ordinary negligence, but not in gross negligence. The Court further found that there was no similar authority finding the alleged failure to act to be grossly negligent, as opposed to ordinarily negligent.
The Court granted defendant’s motion and awarded judgment to defendant.