Oglesby v. Fitness International, LLC

02.12.2024

Plaintiff Oglesby was playing basketball when he injured his hand when he ran into a wall and put his hand through a glass enclosure where a fire extinguisher was mounted.  Summary judgment was granted on the basis of express waiver of liability. 

Plaintiff appealed, arguing the release is void as against public policy and there were triable issues of material fact. 

The Court of Appeal affirmed finding that the release is not void for violating public policy, and there were no applicable code violations and no triable issue.