Ketler v. PFPA, LLCAnnotate this Case
Plaintiffs-appellants DeShaun Ketler and Brittany Ketler appealed a Superior Court order granting Defendant-appellee PFPA, LLC’s (“PlanetFitness”) motion for judgment on the pleadings. DeShaun Ketler was injured while using exercise equipment in a Planet Fitness facility. The Ketlers claim that the injuries were caused by negligence on the part of Planet Fitness. The Superior Court found that the Ketlers claim was barred by a signed release of liability. It determined that a release which allowed a party to avoid liability for its own negligence was permissible under Delaware Law if the release is unambiguous, not unconscionable, and not against public policy. It further determined that the release satisfied all three criteria. On appeal, the Ketlers argued the Superior Court erred because the release is ambiguous, unconscionable, and against public policy. Finding no reversible error, the Supreme Court affirmed.