OLG WINS SUMMARY JUDGMENT ENFORCING LIABILITY WAIVER FOR GYMNASTICS FACILITY

The Los Angeles Superior Court granted OLG’s Motion for Summary Judgment based on an express liability waiver, dismissing the action in its entirety. The case arose from injuries Plaintiff sustained while performing acrobatic maneuvers at a gymnastics facility owned and operated by OLG’s clients.

In opposition to OLG’s motion, Plaintiff argued that the liability waiver was unenforceable because he could not recall having seen it, but the court accepted OLG’s position that Plaintiff’s lack of recall was irrelevant to the waiver’s enforceability. The court also rejected Plaintiff’s arguments that the release could not be enforced due to ambiguity, lack of headings, and use of a small font, finding that the two-paragraph liability release was unambiguous and clearly set forth.

Plaintiff further sought to avoid enforcement because he had not been provided a physical copy of the release, as statutorily required for certain health studio contracts, but the court agreed with OLG that the statute did not apply to the standalone liability release at issue. Finally, Plaintiff argued that infrequent inspections of the gymnastics facility established gross negligence voiding the release, but the court found the argument unpersuasive absent any evidence that the gaps between inspections were unreasonably long.

Sherri Matta wrote and argued the winning Motion for Summary Judgment.