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Torts Keyed to Duncan
Jiminez v. 24 Hour Fitness USA, Inc.
Citation:
237 Cal.App.4th 546 (2015)Facts
Etelvina Jimenez (plaintiff) could not speak or read English, but the manager of the 24 Hour Fitness USA (defendant) made hand motions to indicate the cost of using the gym and had her sign the liability waiver without an interpreter when she joined the gym. Two years later, the plaintiff was seriously injured when she fell backwards off the treadmill and hit her head on exercise equipment. The plaintiff and her husband sued the defendant for gross negligence, arguing that the defendant had not set up the treadmill in accordance with the manufacturer’s safety instructions. The defendant moved for summary judgment on the grounds that the plaintiff had signed the liability waiver before joining the gym.
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