Summary Judgment Granted for Landlord
Los Angeles Superior Court grants OLG’s Motion for Summary Judgment on basis of liability waiver and express assumption of risk for use of apartment complex hot tub.
Plaintiff was a tenant at an apartment complex with a pool and hot tub. Plaintiff was using the hot tub when she began to lose consciousness. She managed to exit the hot tub but suffered multiple chemical burns to her skin. It was determined that the landlord’s pool servicing company made an improper setting on the chemical controller resulting in ten gallons of chlorine being fed into the hot tub in the eighteen hours before plaintiff used the hot tub. OLG filed a motion for summary judgment on the grounds that the lease contained an express liability waiver and assumption of the risk for use of the pool and hot tub. Plaintiff attempted to gin up a gross negligence claim. The Court agreed with OLG that the lease waiver controlled and granted the motion. Plaintiff attempted to have the court reconsider the order on gross negligence grounds and via an expert declaration. OLG prevailed on that motion as well. OLG obtained a judgment for costs and attorney’s fees against plaintiff.
Joel Witzman wrote the motion for summary judgment as well as the opposition to reconsider the order and argued both motions.