Plaintiffs Etelvina and Pedro Jimenez appeal from summary judgment in favor of defendant 24 Hour Fitness USA, Inc. (24 Hour). in plaintiffs’ negligence action stemming from a catastrophic injury sustained by Etelvina while using a treadmill at 24 Hour. Plaintiffs asserted that 24 Hour was grossly negligent in setting up the treadmill in a manner that violated the manufacturer’s safety instructions. 24 Hour moved for summary judgment, contending that it was not liable as a matter of law because Etelvina signed a liability release when she joined the gym. The trial court agreed and granted summary judgment. 

Questions

1. What are the similarities between Jimenez and Gangland? What are the differences? Explain the relevance of Gangland to the Jimenez court. 

2. If you were on the jury having to decide the factual questions identified by this court, how would you decide? Explain. 

3. What could 24 Hour Fitness do to ensure that its liability release is enforceable in such situations?