Tag Archives: clear

Injured Ski Patron Claims “No Consideration” when Purchase was Online and Waiver Executed Two Days Later

By Doyice Cotten

Ms. Patterson bought a ski lift ticket online, paying $57. Two days later she picked up her ticket at the resort. The front of this lift ticket contained an adhesive sticker, designed to be removed and adhered to a wicket on the ticket holder’s clothing, on which Ms. Patterson’s name, the ticket type, and a bar code were printed. The back of the lift ticket, like all lift tickets issued by Monarch Mountain on March 20,

Colorado Club Member Injured When He Steps onto a Moving Treadmill

By Doyice Cotten

Robert Wagner,  a Life Time Fitness client, suffered injury when he stepped onto a treadmill that was already in motion. No detail was given as to how the club was negligent (Wagner v. LTF Club Operations Company, Inc. (2019). Since Wagner failed to designate specific facts showing that there was a genuine issue for trial, there was no evidence that a reasonable jury could return a verdict for the nonmoving party. Consequently,

Defective Rowing Machine & No “Out of Order” Sign — Waiver Protected

By Doyice Cotten

AnneMichelle Johnson, a member of Gold’s Gym Rockies, LLC, sustained an injury when trying to use a rowing machine. She set her usual resistance, tried to pull, heard a pop in her back, and the pull bar did not move. She set resistance at zero, tried to pull again, and it did not move. About that time an employee came over and told her it was broken and he was there to fix it.

She found her back was severely injured and filed a premises liability suit alleging negligence (Johnson v.