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Hussein V. L.A. Fitness International, Llc – Case Brief Summary

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Submitted By staton02
Words 538
Pages 3
Hussein v. L.A. Fitness International, LLC – Case Brief Summary
Christopher G. Staton
Columbia Southern University

Facts
On February 14 2009, Sahal Hussein became a member of a fitness club at a Chicago based L.A. Fitness, which is a chain of fitness centers headquartered in Irvine, California. On July 7, 2009, Mr. Hussein was visiting the Chicago based L.A. Fitness. During his visit, while using the upper and lower bar and movable and adjustable bench on an assisted dip/chin exercise machine, he fell, striking his head and body, and as a result, is now a quadriplegic. When becoming a member at L.A. Fitness, Mr. Hussein signed a fitness service agreement and release of liability form. Mr. Hussein filed suit against L.A. Fitness in 2010. The circuit court granted L.A. Fitness’ motion to dismiss the pleading as factually insufficient and allowed Hussein to replead. L.A. Fitness is a privately owned corporation which was under no obligation by law to accept Mr. Hussein as a member.
Issues
1. Is Mr. Hussein’s negligence suit regarding serious personal injuries he suffered while using exercise equipment at a fitness club barred, under Minnesota law, by an exculpatory clause in his contract with the fitness club?
Holding and Rule
1. Yes. Mr. Hussein doesn’t present much of a case. The law dictates that the courts reject Mr. Hussein’s lawsuit. Hussein’s complaint was dismissed pursuant to section 2-619 of the Code of Civil Procedure, which govern the involuntary dismissal of a complaint based on certain defects, defenses, or other affirmative matters. When joining L.A. Fitness Club, Mr. Hussein signed a service agreement which included the release of liability. L.A. Fitness is a private organization that was under no obligation or legal duty to accept Hussein as a member. Mr. Hussein agreed to the clubs terms and voluntarily applied for…...

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