WSHB is celebrating a significant legal victory after partner Vanessa Herzog and associate Taylor Stewart successfully secured a motion for summary judgment in favor of the client, a well-known gym. The victory resulted in the dismissal of all claims including negligence, premises liability, and gross negligence.
The plaintiff alleged that he slipped and fell while stepping off a Stairmaster, purportedly due to a gym employee mopping nearby. He claimed to have suffered a traumatic brain injury, post-concussion syndrome and knee pain as well as anxiety and depression. However, the plaintiff signed a membership agreement containing a release and waiver of liability, which ultimately provided a strong defense to liability.
"This ruling is a testament to the strength of our legal arguments and the importance of clear liability waivers in protecting businesses from unwarranted claims," said Herzog. "The court correctly determined that our client operated within industry standards and did not engage in conduct rising to the level of gross negligence."
While liability waivers do not typically protect against gross negligence, the WSHB team demonstrated that the gym's actions did not meet the legal standard for such a claim. The court agreed and found that the plaintiff failed to present any evidence showing that the gym deviated from industry standards, let alone engaged in an extreme departure from them. The ruling reinforces the enforceability of liability waivers in membership agreements and underscores the high evidentiary burden required to establish gross negligence.
Taylor Stewart, who was also instrumental in the favorable outcome stated, "This was a tremendous victory for our client and for businesses that rely on well-drafted liability waivers to manage risk. This decision reaffirms that courts will uphold contracts when they are legally sound and properly executed."
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