Facts

Leif T. Meisinger sustained injuries to his back during the second round of exercise using a weight bar at the 9Round gym owned by Live Your Life Fitness, LLC. Meisinger brought a cause action against Live Your Life alleging premises liability and general negligence. Specifically, Meisinger alleged he was injured when the professional trainer instructed him to perform the exercise despite informing the trainer that the weight bar was too heavy for his physical condition and was not appropriate for his rehabilitation routine. Defendant moved for summary judgment on the grounds that plaintiff's claims are barred by the express assumption of risk and the doctrine of primary assumption of risk.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant was negligent and caused his injuries when the personal trainer had him perform the weight lifting exercise. Although plaintiff was provided a release agreement in the Prepaid Membership Agreement, plaintiff contended that the release is unenforceable because releases for gross negligence are unenforceable. Plaintiff contended that defendant's conduct constitutes gross negligence such that plaintiff's claims are not barred by the release. Plaintiff contended that he was injured when the professional trainer instructed him to perform the exercise despite informing the trainer that the weight bar was too heavy for his physical condition. Plaintiff also contended that the injury he suffered was not within the scope of release.

DEFENDANT'S CONTENTIONS: Defendant denied all of the contentions. Defendant contended that plaintiff's claims are barred by the express assumption of risk because plaintiff was provided and executed an assumption of risk and release agreement. Defendant contended that plaintiff had not shown a triable issue of fact exists as to whether defendant was grossly negligent. Defendant contended that plaintiff cannot rely on the allegations in the pleading to show that a triable issue of fact existed. Defendant contended that plaintiff's claims are barred under the primary of risk doctrine based on an express assumption of risk. Defendant contended that risk of injury from using weights that were not appropriate for him is an inherent risk when training at a gym and under a professional fitness trainer. Defendant contended that plaintiff had not submitted any evidence demonstrating that defendant increased the risk of injury.

Result

Defendant's motion for summary judgment was granted.