Facts

While Silvia Del Carmen Aguilar was at a sink to brush her teeth at the YMCA locker room, she helped someone to dry their hands. After helping that person, she stepped backwards onto a mat and fell. Plaintiff brought an action against YMCA of Metropolitan of Los Angeles alleging negligence and premises liability.

PLAINTIFF'S CONTENTIONS: Plaintiff contended defendant caused her injuries because the property was in a dangerous condition. Plaintiff contended that she did not know she signed a Release and Waiver of Liability and Indemnity Agreement (Release) when registering to use defendant's facilities because the Release was in English and she is only literate in Spanish. Plaintiff contended that even if the Release is valid, defendant was grossly negligent in its conduct to overcome the waiver. Plaintiff contended that defendant was grossly negligent because defendant had complaints about the mat which show actual and constructive notice.

DEFENDANT'S CONTENTIONS: Defendant denied all of the contentions. Defendant contended that plaintiff's complaint is barred by the Release that plaintiff signed when registering to use its facilities. Defendant contended that because plaintiff's injuries occurred in its locker room and the action of placing a mat on the floor outside of a shower room does not rise to the level of gross negligence. Defendant contended that plaintiff had not established that the subject mat was a dangerous condition. Defendant contended that plaintiff had not established that it had notice of the alleged dangerous condition. Defendant contended that plaintiff had not established that an act or omission caused plaintiff's injury.

Result

Defendant's motion for summary judgment was granted.