MARIA PULICE VS. GREEN BROOK SPORTS & FITNESS, ETC. (L-1424-14, SOMERSET COUNTY AND STATEWIDE)
A-0805-15T3
N.J. Super. Ct. App. Div.Jul 17, 2017Background
- Maria Pulice signed a health-club membership waiver releasing the club from liability for injuries incurred at the club, including language that members are responsible for personal injury caused to them.
- Less than three months after joining, a 10-pound dumbbell fell on Pulice’s face while her trainer, Oscar Cortes (hired through the club), handed it to her; she sued for negligence.
- Defendants moved for summary judgment based on the waiver; the motion was unopposed and granted, but Pulice sought reconsideration claiming she misunderstood the scheduling and arguing the waiver was ambiguous and not fully produced in discovery.
- The trial judge reconsidered, rejected Pulice’s ambiguity and discovery arguments, and reaffirmed summary judgment, applying Stelluti to hold the waiver enforceable for risks inherent in strenuous exercise.
- Pulice attempted on appeal to (1) distinguish Stelluti relying on Walters, (2) amend her complaint to allege gross negligence, and (3) argue the waiver was not properly produced — the Appellate Division rejected each contention and affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Enforceability of waiver for injury during exercise | Waiver ambiguous; not fully produced in discovery, so cannot bar claim | Waiver unambiguous; plaintiff admitted signing it; bars negligence claim for risks inherent to exercise | Waiver is unambiguous and enforceable under Stelluti; summary judgment affirmed |
| Applicability of Stelluti v. Casapenn | Walters shows Stelluti doesn’t apply to ordinary premises defects | Stelluti governs risks inherent in strenuous exercise like weight training | Court distinguishes Walters (premises defect) and applies Stelluti to weight-training injury |
| Right to amend complaint to plead gross negligence | Requests leave to amend on appeal to allege gross negligence | No motion to amend below; no facts showing gross negligence | Denied: failure to move below; record lacks facts showing gross negligence |
| Discovery production of waiver | Claimed she never received a full/accurate copy during discovery | Plaintiff admitted signing; full executed copy produced at argument | Insufficient to defeat summary judgment; parol/admission evidence affirmed waiver’s existence |
Key Cases Cited
- Stelluti v. Casapenn Enters., 203 N.J. 286 (2010) (health-club waivers enforceable against risks inherent in strenuous exercise)
- Walters v. YMCA, 437 N.J. Super. 111 (App. Div. 2014) (distinguishing Stelluti where injury arose from a negligently maintained premises condition)
- Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520 (1995) (standard for viewing facts on summary judgment)
- Davis v. Brickman Landscaping, Ltd., 219 N.J. 395 (2014) (appellate review standard for summary judgment)