Miami Partner Hugo Alvarez and Associate Mayada Al Husaini recently obtained a summary judgment on behalf of their client, a well known local gym.
The case involved a the Plaintiff being injured while working out. The Plaintiff signed a membership agreement that contained a release of liability. Thereafter the Plaintiff claims he was injured using exercise equipment. The Plaintiff was deposed and acknowledged having signed that release of liability.
Plaintiff’s counsel filed an expert affidavit in opposition to the MSJ and the Judge agreed with our arguments that the expert’s affidavit was nothing but inadmissible conclusions and otherwise rejected the opinions in that affidavit. The Judge agreed with the arguments presented that the Plaintiff knew/understood what he was signing and that the exculpatory clause/release of liability was clear and unambiguous.
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