Thursday, January 28, 2016
Waiver Form Signed by Plaintiff At Gym Upheld as Support For Summary Judgment
In the case of Hinkal v. Gavin Pardo & Gold’s Gym, Inc., No. 165 MDA 2014, 2016 Pa. Super. 11 (Pa. Super. Jan. 22, 2016) (en banc) (Op. by Stabile, J.), the Pennsylvania Superior Court affirmed a trial court’s entry of summary judgment in favor of the Defendant’s on the basis of a waiver agreement signed by the injured party Plaintiff as part of a membership at Gold’s Gym.
The Court noted that the issue before it was whether the agreements the injured party Plaintiff signed for membership at Gold’s Gym released the Defendants from liability for injuries she sustained while under that direction of a personal trainer at the gym.
According to the Opinion, the Plaintiff asserted claims against the personal trainer for negligence as well as negligence claims against Gold’s Gym premised on respondeat superior liability. The Plaintiff alleged a serious neck injury that required two (2) separate surgeries.
The more specific allegations were that the personal trainer put too much weight on a piece of equipment that injured the Plaintiff and negligently instructed the Plaintiff to continue with the work out without recognizing that the Plaintiff had sustained a serious injury.
The Pennsylvania Superior Court agreed with the trial court’s decision that the waiver language set forth in the Gold’s Gym Membership Agreement was valid and enforceable. Accordingly, the entry of summary judgment in favor of the Defendant was affirmed.
Anyone wishing to review a copy of Judge Stabile's Majority decision may click this LINK.
Judge Lazarus's Dissenting Opinion may be viewed HERE.
Source of image: www.clker.com