CA: Gross Negligence Exception to Waiver; Case to Jury

In Chavez v. 24 Hour Fitness, the Court of Appeal, Sixth Appellate District reversed the trial court’s dismissal of plaintiff’s case against her gym.  Plaintiff was injured while working out; she sued 24 Hour Fitness for, among other counts, gross negligence.  Relying on plaintiff’s signed waiver, the trial court dismissed her claims.

The Court of Appeal found that plaintiffs had raised a triable issue of material fact as to whether 24 Hour’s conduct constituted gross negligence.  The evidence showed regular maintenance was not performed and, on that basis, 24 Hour “failed to exercise scant care or demonstrated passivity and indifference toward results.”  In addition, plaintiffs raised other triable issues of fact including the missing brackets and the owner’s manual’s requirement of weekly maintenance.

JD Supra has the story.