Williams v. CrossFit Anywhere Folsom CA3

FACTS AND HISTORY OF THE PROCEEDINGS

Williams sued CFA for negligence. Williams alleged he was a paid participant in a fitness class organized by CFA. During the class, he was instructed by CFA employees to go for a run, which included running on a trail adjacent to Folsom Lake Crossing road. During the run, Williams was hit from behind by a cyclist traveling at high speed and suffered “grave injuries.” Williams alleged, inter alia, that CFA had negligently or recklessly failed to supervise the run, and failed to provide lighting for participants, which significantly increased the risk of harm and was a substantial cause of the collision.

CFA’s Motion for Summary Judgment

CFA moved for summary judgment, averring Williams had signed a liability waiver assuming the risk of injury. The release, according to CFA, was easily readable, placed in a manner to compel notice, and was broad enough to cover the injury, as CFA had not acted in a grossly negligent manner. CFA attached the signed release to the motion. One page was titled, “AGREEMENT AND RELEASE OF LIABILITY.” Under that was a subtitle in parentheses, “(more insurance jargon).” Below that were three numbered paragraphs, each…