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Motion of Summary Judgement Granted in Trip and Fall Case

August 3, 2022

A motion for summary judgment was granted by Judge James L. Crandall from the Orange County Superior court in favor of Defendant Gold's Gym located in Fullerton, California in a premises liability case. Lisa D. Angelo, Scott J. Loeding, and Katie M. Trinh of Murchison & Cumming, LLP represented defendant.

Plaintiff was a long time member of a local gym in Fullerton, CA. When she initially signed up to become a member, she signed a membership agreement which included a Waiver and Release of Liability as well as Indemnity Agreement. On October 16, 2019 at approximately 6:30 in the morning, plaintiff walked into the lobby of the gym and tripped over a yellow wet floor caution sign. The sign had been placed on the floor by a janitor after he mopped the floor in the morning. Plaintiff sustained personal injuries including a upper humerus fracture on the right side. Plaintiff claimed damages in the low six figure range. Defendant filed a motion for summary judgment on grounds the waiver and release of liability provision contained in the gym membership agreement barred her claims against the gym.

On August 3, 2022, Judge Crandall granted defendant's motion and found plaintiff waived her rights to sue for personal injuries when she signed her membership agreement, which included the liability waiver. The court further held that even though plaintiff spoke a different language, claimed to not understand the agreement or know what she was signing, that did not bar enforcement of the agreement.