Jimenez v.

24 HOUR FITNESS USA, INC. 237 Cal. App. 4th 546 (2015)

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Nature of the Case

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Facts

P joined D two years before the day she sustained her injury. On the day she joined, P was directed to the membership manager, Justin Wilbourn. P was required to sign a membership agreement. P could not read or speak English, and Wilbourn did not speak Spanish. Wilbourn knew P did not read or speak English. Nevertheless, he did not call a Spanish-speaking employee to help him translate. Wilbourn pointed to his computer screen to a figure, $24.99, indicating the membership fee, and made pumping motions with his arms like he was exercising. P understood the numbers, which are identical in Spanish, and she understood Wilbourn's physical gestures to mean that if she paid that amount, she could use the facility. P could not read anything else. The membership agreement contained a liability release provision, which provided: “Using the 24 Hour USA, Inc. (24 Hour) facilities involves the risk of injury to you or your guest, whether you or someone else causes it. Specific risks vary from one activity to another and the risks range from minor injuries to major injuries, such as catastrophic injuries including death. In consideration of your participation in the activities offered by 24 Hour, you understand and voluntarily accept this risk and agree that 24 Hour, its officers, directors, employees, volunteers, agents, and independent contractors will not be liable for any injury, including, without limitation, personal, bodily, or mental injury, economic loss or any damage to you, your spouse, guests, unborn child, or relatives resulting from the negligence of 24 Hour or anyone on 24 Hour's behalf or anyone using the facilities whether related to exercise or not. … By signing below, you acknowledge and agree that you have read the foregoing and know of the nature of the activities at 24 Hour and you agree to all the terms on pages 1 through 4 of this agreement and acknowledge that you have received a copy of it and the membership policies.” P and D signed the agreement. P now contends that “Wilbourn misrepresented the agreement and deceived her and hid from her that she was also signing a release of liability. P fell off of a moving treadmill while exercising and hit her head on the exposed steel foot of an exercise machine placed less than four feet behind the treadmill. P sustained severe head injuries. P sued D. P's expert presented evidence that the treadmill was located 3 feet 10 inches from other equipment wherein the treadmill manufacturer's owner's manual instructed that it is important to keep the area around the treadmill open and free from encumbrances such as other equipment. The minimum space requirement needed for user safety and proper maintenance was three feet wide by six feet deep … directly behind the running belt. None of D's 21 treadmills had a six-foot safety clearance. Other experts testified that it is foreseeable that treadmill users occasionally trip, stumble, or fall off treadmills. D moved for summary judgment asserting the release. D contends that the release was invalid because D was grossly negligent and because D obtained the release through fraud. The motion was granted and P appealed.