Grebing v. 24 Hour Fitness USA, Inc

In Grebing v. 24 Hour Fitness USA, Inc. (2015) 234 Cal.App.4th 631, the plaintiff, who had twice signed 24 Hour's release, was injured using a low row machine, when a clip failed causing a handlebar to break free from the cable and strike him in the forehead. (Grebing, supra, 234 Cal.App.4th at p. 634.) The evidence disclosed that the clip was the wrong clip, broken, or not working for the machine on which the plaintiff was exercising. (Id. at p. 635.) Some machines in the facility were missing clips and apparently members moved clips to other machines. Fifteen minutes before the plaintiff's injury, another member reported that a different machine had a crooked clip. (Ibid.) The court held that to the extent the plaintiff was claiming 24 Hour should have inspected and replaced broken or improper clips on all machines within the 15 minutes after the other member's complaint, that claim was insufficient to raise a triable issue of gross negligence. (Id. at p. 639.) Further, the court noted that "it is undisputed that 24 Hour took several measures to ensure that its exercise equipment and facility were well maintained. For example, it hired a facilities technician whose job was to conduct a daily inspection of the facility and perform preventative maintenance. If the facilities technician was unavailable, 24 Hour had a practice of requiring other staff members to conduct the inspection and perform any required maintenance." (Ibid.) The Grebing court concluded, "In view of these measures, 24 Hour's conduct cannot reasonably be regarded as demonstrating a want of even scant care or an extreme departure from the ordinary standard of conduct." (Ibid.) The Second District affirmed a grant of summary judgment in 24 Hour's favor on a claim it acted with gross negligence in maintaining a low row machine. The appellate court reasoned "... 24 Hour's conduct cannot reasonably be regarded as demonstrating a want of even scant care or an extreme departure from the ordinary standard of conduct ..." given "undisputed" evidence "that 24 Hour took several measures to ensure that its exercise equipment and facility were well maintained." (Id. at p. 639.)