Plaintiff Kirk Anderson appealed from a trial court’s grant of summary judgment for defendant Fitness International, LLC, (L.A. Fitness) following his being injured in a locker room shower. Anderson contended the trial court erred because a triable issue of fact existed as to whether L.A. Fitness was grossly negligent. The California appeals court disagreed and upheld the lower court’s decision.
In December 2011, Anderson, who was in his early 60s, joined L.A. Fitness in Glendale. He signed a membership agreement, which included a release and waiver of liability (the Release). In September 2012, Anderson finished his exercises and went to take a shower. The shower room has a tile floor that Anderson alleges has significant and sharply downward slanting slopes and is layered and covered with body oil and soapy residue. There are no handrails, shower mats, or friction strips in the room.