Berta Mirano et al v Fitness International LLC et al.
In this case an guest was using a treadmill at an LA Fitness gym. Plaintiff claims, among other things, that the treadmill malfunctioned and that LA Fitness failed to maintain it properly. Plaintiff is claiming extensive physical injuries, including spinal injury, against both LA Fitness and the manufacturer of the treadmill. Her spouse brought a loss of consortium claim.
Plaintiff was not a member of LA Fitness at the time she was hurt. Rather, she was using the LA Fitness facility with a one-day guest pass after signing a waiver and release of liability.
The defendant filed a summary judgment motion based on the waiver. In her opposition, plaintiff claimed that (1) she never signed the waiver (someone else signed for her), (2) that she never read the waiver, and (3) that she never got a copy as required by the “Dance Act.”
Defendant’s reply addressed each of the plaintiff’s claims and convinced the trial judge that she should rule as a matter of law that the waiver applied.
This morning, after hearing oral argument, the judge granted defendant’s motion.