Denis Bisiar Vs. 24 Hour Fitness, Usa, Inc. And Freemotion Fitness, Inc.

    06.07.2013

    Stephen Smith and Aaron Case obtained judgment in favor of 24 Hour Fitness, USA, Inc., which led to a dismissal of the entire lawsuit.

    Plaintiff was injured while working out on a FreeMotion Dual Cable Cross Machine at the 24 Hour Fitness club in Santee, California. Plaintiff alleged that 24 Hour Fitness was negligent in its maintenance of the machine and that FreeMotion was liable because of a claimed defect in the machine.

    At the time of the incident, plaintiff was a member of 24 Hour Fitness. Included in plaintiff's membership agreement with 24 Hour Fitness was a release of liability and waiver provision. In its motion for summary judgment, 24 Hour Fitness argued that plaintiff's membership agreement provided a complete defense to plaintiff's action. Specifically, plaintiff waiver in his membership agreement expressly relieved 24 Hour Fitness of any duty it owed to him based upon the release and waiver provision in his membership agreement.

    The court found that plaintiff expressly released 24 Hour Fitness, USA, Inc., from claims of negligence based on the release and waiver provision in his membership agreement and entered judgment in favor of 24 Hour Fitness.

    In light of the court's entry of judgment and the pending award of costs in favor of 24 Hour Fitness as the prevailing party, plaintiff dismissed the remaining defendant, FreeMotion Fitness, which dismissed this lawsuit entirely.

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