Facts

Richard Tran was a member at the City Sports Club. Tran and Lily Chan sued City Sports Club for strict products liability, negligence, and loss of consortium after sustaining an injury on an allegedly defective machine.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that Defendant purchased and allowed plaintiff to use an allegedly defective machine and failed to properly maintain its fitness machine in a safe condition for use by its customers.

DEFENDANT'S CONTENTIONS: Defendant contented that plaintiff Tran's signed express waiver of liability was a complete bar to plaintiffs' actions and there was no evidence of gross negligence as a matter of law. Moreover, strict liability was inapplicable to defendant since it did not manufacture or sell the machine that allegedly caused plaintiff's injuries.

Result

The court granted defendant's motion for summary judgment after a finding that there was no evidence of gross negligence and strict liability.