Facts

Plaintiff tripped and fell from a treadmill at a fitness center, and filed a lawsuit, alleging causes of action for premises liability, unsafe conditions, and dangerous condition of private property against Defendant.

PLAINTIFF'S CONTENTIONS: Plaintiff contended she sustained injuries from her trip and fall. Plaintiff based her allegations on claims that Defendant's placement of the treadmills at the subject facility constituted a dangerous condition and that the actions of Defendant's employees, after the occurrence of the subject incident, were grossly negligent and caused further injuries to Plaintiff.

DEFENDANT'S CONTENTIONS: Defendant denied the contentions.

Injuries

Plaintiff suffered broken hip, back pain, right leg, right knee, neck pain, arm pain which required one hip surgery with pins, one total hip replacement surgery, one knee surgery, and one 4th finger of right arm surgery, and pain and suffering.

Result

The court granted summary judgment for Defendant.

Other Information

Following extensive law and motion, as well as oral argument, Defendant established that Plaintiff had failed to proffer facts sufficient to show gross negligence on part of Defendant and that, even when viewing the evidence most favorably to Plaintiff, Plaintiff's allegations could only amount to ordinary negligence, which was waived when Plaintiff executed her membership agreement with Defendant. Plaintiff will be filing motion for reconsideration.