Murchison & Cumming Case Published in the Daily Journal Verdicts & Settlements

April 15, 2024

Daily Journal

The Daily Journal, Verdicts and Settlements Section, published a result in favor of Murchison & Cumming's client in a fall case in which the plaintiff closed her eyes while balancing on a Bosu ball, lost her balance, fell off, and fractured her wrist. The plaintiff claimed the defendant was negligent; however, the defendant argued there was no negligence as the plaintiff was free to take whatever classes she wanted to, and to do whatever she felt comfortable doing during those classes as the instructor provide choices of exercises for all class members. The plaintiff signed at least three membership agreements, each one containing waiver, release, and assumption of the risk language. The plaintiff claimed she could not recall signing the agreements, but she never questioned any of the contents or terms of the agreements. The court granted the defendant's summary judgment motion based on waiver and assumption of risk.

The case was handled by Robert M. Scherk and Matthew E. Voss.