TEBBI, Vida v. Fitness International, LLC
Alice Chen Smith, Lauren Lofton and William Choi obtained summary judgment on behalf of fitness club client, where Plaintiff alleged the causes of action for Premises Liability, Unsafe Conditions, and Dangerous Condition of Private Property against Defendant.
Plaintiff allegedly sustained injuries when she tripped and fell from a treadmill at a fitness club. Plaintiff based her allegations on claims that Defendant’s placement of the treadmills at the subject facility constituted a dangerous condition and that the actions of Defendant’s employees, after the occurrence of the subject incident, were grossly negligent and caused further injuries to Plaintiff.
Following extensive law and motion, as well as oral argument, Defendant established that Plaintiff had failed to proffer facts sufficient to show gross negligence on part of Defendant and that, even when viewing the evidence most favorably to Plaintiff, Plaintiff’s allegations could only amount to ordinary negligence, which was waived when Plaintiff executed her membership agreement with Defendant. Thus, finding that there were no triable issues of material fact in this matter, the Superior Court of California, County of Los Angeles granted summary judgment in favor of Defendant and against Plaintiff.