Joshi v. Fitness International, LLC; Published Appellate Decision
The Sixth District Court of Appeal in San Jose granted requests filed by ASCDC and defense counsel at YOKA | SMITH to publish its recent opinion in Joshi v. Fitness International, LLC. In Joshi, the court affirmed summary judgment for a fitness club based on a liability release signed by the plaintiff before she was injured. The court found no triable issues of fact regarding gross negligence, which could have rendered the release unenforceable.
Joshi emphasizes that a defendant’s safety precautions counsel against finding gross negligence even if they are ultimately unsuccessful in preventing injury.