Hall v Fitness International and Osborne

Thursday September 6, 2018

Tina Battle and Brian Boehne obtained summary disposition, with prejudice, in the Wayne County Circuit Court, on Plaintiff’s claims for negligence and gross negligence for personal injuries allegedly sustained during a personal training session at Defendants’ fitness facility. The Motion for Summary Disposition argued that Plaintiff’s claims for negligence were barred by a Release of Liability signed by Plaintiff. The Court found that the language of the Release of Liability was prominently displayed and determined that the intention of Defendants to disclaim liability was clearly expressed. Further, the Court found that there was no genuine issue of material fact that Plaintiff had signed the Release of Liability and that it was fairly and knowingly made. With respect to the Plaintiff’s claims for gross negligence, the Court found that there was no genuine issue of material fact that Plaintiff failed to establish a cause of action for gross negligence in that Defendants did not engage in conduct so reckless as to demonstrate a substantial lack of concern for whether an injury resulted. Plaintiff alleged a claim for damages in excess of $300,000.

Ready to meet
your trusted
legal advisors?

Website Design by Different Perspective