King v. Fitness International
Plaintiff claimed the negligence of Defendant as a result of conduct on the part of a personal trainer. Plaintiff claimed Defendant's trainer pushed/encouraged her during a workout session, causing Plaintiff's knee to pop and thereby necessitating surgery.
The court granted a partial directed verdict on the waiver issue and held that the issue of gross negligence and recklessness would go to the jury. The jury determined by a 12-0 vote that Defendant was not grossly negligent and/or reckless.