Anderson v. Fitness International, LLCAnnotate this Case
Plaintiff appealed the trial court's grant of summary judgment to L.A. Fitness, contending that the trial court erred in striking the allegations in his complaint as to gross negligence, and it erred in granting summary judgment because a triable issue of fact exists as to whether L.A. Fitness was grossly negligent. Plaintiff, who was in his early 60's, slipped and fell in the shower facilities at an L.A. Fitness gym. The court concluded that, viewing the evidence in the light most favorable to plaintiff, liberally construing that evidence, and resolving all doubts in plaintiff's favor, no triable issue of material fact exists to preclude summary judgment. In this case, there is no dispute that the Release and Waiver of Liability and Indemnity is valid and is a complete defense to plaintiff's negligence cause of action, insofar as the first amended complaint alleges facts that constitute ordinary negligence; plaintiff bears the burden to produce evidence creating a triable issue of material fact on gross negligence and plaintiff failed to do so; and no triable issue of fact exists to preclude summary judgment. Accordingly, the court affirmed the judgment.