Purvey

FACTS AND PROCEDURAL HISTORY

Purvey’s Allegations Purvey’s complaint alleges that on February 19, 2017, YMCA had a hazardous condition “in the vicinity of its basketball courts . . . namely the overcrowding and exceeding of the maximum capacity limitations, as well as the dilapidated, worn out, uneven, old, debris filled, and shifting floors.” Further, “the defective and dilapidated condition of the floors in the gym . . . made Plaintiff’s injury imminent. By allowing such hazardous conditions to persist on its premises, Defendant YMCA’s gross negligence caused Plaintiff to fall and sustain severe injuries.” YMCA’s Summary Judgment Motion YMCA argued that it is entitled to summary judgment because Purvey signed a liability waiver and injury from a fall is a risk he assumed by playing basketball. It is undisputed that Purvey fell while practicing a layup maneuver, and he knows that one can be injured while playing basketball. He alleged that

2 the gym was overcrowded and dilapidated but later claimed the floor was wet. In support of its motion, YMCA offered a “Waiver of Liability, Assumption of Risk, and Indemnity Agreement” (Waiver) signed by Purvey. Purvey testified that he…