Week 2 IRAC Brief GREBING v. 24 HOUR FITNESS USA, INC.

Week 2 IRAC Brief

GREBING

v.

24 HOUR FITNESS USA, INC.

 

 

Facts:

On November 11, 2011, Timothy Grebing, the plaintiff, who is a 24-Hour Fitness USA membership holder, in La Mirada, California, signed an agreement, voluntarily releasing the defendant, 24-Hour Fitness USA facility of any liability from injuries sustained while utilizing the facility.

On May 9, 2012, the plaintiff, injured himself while using exercise equipment in the fitness facility.  While operating the low row machine, the plaintiff increased the weight to 220 or 240 pounds.  When the plaintiff pulled the handlebar on the machine, a clip malfunctioned, causing the handlebar to separate from the cable.  The handlebar then, struck the plaintiff in the head.  As a result, of the malfunction, the plaintiff asserts that he received back, head and neck injuries.

The defendant hired a facilities technician, Ricardo Alcaraz, to inspect the exercise machines daily.  On the day of

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