Anthony J. Ellrod Earns Summary Judgment for Gold’s GymFebruary 8, 2022
Congratulations to Founding Partner Anthony J. Ellrod on winning a summary judgment on behalf of Gold’s Gym in a recent lawsuit.
In 2019, the Plaintiff brought suit against Gold’s Gym after slipping and falling on a metal staircase. The Plaintiff alleged that the defendant failed to maintain their property in a safe manner by allowing a water puddle to remain on the metal staircase, causing her to slip and sustain injuries. Plaintiff brought separate claims of negligence and Premises Liability against the gym.
Mr. Ellrod brought a motion for summary judgment, arguing to the trial court that Plaintiff signed waivers and releases of liability and even though the membership had expired, the waiver of liability is in effect forever. Additionally, the Plaintiff did not submit sufficient evidence to demonstrate defendant was grossly negligent. There was no evidence that the Defendant did not exercise ordinary care for managing the property to avoid exposing others to an unreasonable risk of harm. Nor was there evidence that the Defendant knew about building code violations and failed to correct them.
After hearing all the evidence, the court agreed and awarded summary judgment to Gold’s Gym based on express assumptions of risk and release and waiver.