JANET CROSSING-LYONS VS. TOWN SPORTS INTERNATIONAL INC. (L-2024-14, ESSEX COUNTY AND STATEWIDE)
A-3908-15T3
| N.J. Super. Ct. App. Div. | Jul 11, 2017Background
- Plaintiff Janet Crossing-Lyons was a member of a New York Sports Club (TSI) and signed a broad waiver/exculpatory clause releasing the club from liability for injuries sustained on premises or during club activities.
- The waiver expressly covered use of amenities/equipment, participation in classes/personal training, and sudden equipment malfunction.
- Plaintiff tripped over a weight belt left on the gym floor by another member while walking to meet her personal trainer and suffered severe hip injuries requiring surgery.
- The trainer knew of the belt on the floor but did not remove it despite the club policy requiring staff to pick up items and keep the facility "hospital clean."
- The trial court granted summary judgment for the club, relying on Stelluti v. Casapenn (holding certain fitness-club waivers enforceable).
- On appeal, plaintiff argued the waiver is unenforceable under Walters v. YMCA and related precedent; the Appellate Division reversed the summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Enforceability of exculpatory waiver | Waiver is unenforceable because it absolves club of ordinary negligence and harms public interest | Waiver is enforceable under Stelluti as members assume risks of using fitness facilities | Waiver unenforceable here; Stelluti is distinguishable because injury was not from inherent risks of exercise or equipment use |
| Scope of waiver language | Language is overbroad, covering hazards unrelated to fitness activity | Language covers injuries on premises and during club activities, so it applies | Court views clause as improperly shifting risk for ordinary premises negligence and therefore unenforceable |
| Applicability of Stelluti precedent | Stelluti inapplicable where injury arises from ordinary premises hazard (left object) | Stelluti supports enforcement of waivers for fitness businesses | Stelluti factually distinguishable; Stelluti involved injury from exercising on equipment with inherent risks |
| Whether summary judgment was appropriate | Jury should decide negligence and waiver issues | Court below applied Stelluti and granted summary judgment for defendant | Summary judgment reversed; factual negligence issues remain for trial |
Key Cases Cited
- Stelluti v. Casapenn Enterprises, 203 N.J. 286 (2010) (Supreme Court framework for evaluating fitness-club waivers and when they may be enforceable)
- Walters v. YMCA, 437 N.J. Super. 111 (App. Div. 2014) (holding a YMCA waiver unenforceable for injuries unrelated to inherent exercise risks)
- Gershon v. Regency Diving Ctr., Inc., 368 N.J. Super. 237 (App. Div. 2004) (factors for assessing enforceability of exculpatory agreements)
- Hopkins v. Fox & Lazo Realtors, 132 N.J. 426 (1993) (landowner duty to discover and remedy dangerous conditions)
- Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366 (1995) (standard of review on legal issues on appeal)