Manning and Kass Attorneys Liao and Tsao Win Injury Case For Crunch Fitness9/7/21
On July 28, 2021, the Superior Court of California granted a motion for summary judgment in an action filed against Crunch Fitness (Crunch), alleging a cause of action for premises liability. The lawsuit arose from an incident that occurred in 2017, when the plaintiff claims she sustained injuries when she fell during a boot camp exercise class held at Crunch. Irvine Partner Karen Liao and Los Angeles Associate Jeffrey Y. Tsao handled the matter.
The plaintiff alleged that Crunch negligently maintained the premises and failed to warn plaintiff of a dangerous condition during the boot camp exercise class which caused plaintiff's injuries. The plaintiff claimed she sustained extensive injuries to her wrist requiring multiple surgeries as a result of the incident.
In their motion for summary judgment, Ms. Liao and Mr. Tsao successfully argued that plaintiff's action was barred by the waiver and release in the membership agreement that plaintiff signed when she joined Crunch, as well as the "primary assumption of risk" doctrine. In addition, plaintiff expressly assumed the risk of injury by participating in the boot camp exercise class. The Court agreed, found that plaintiff's action was barred and entered judgment in favor of Crunch.
We congratulate Karen Liao and Jeffrey Y. Tsao on a successful outcome!