Francis K. Liu, a Partner in ADM’s New Jersey Office and Samuel M Goffinet, of Counsel to ADM, obtained Summary Judgment in a slip and fall case allegedly caused by a dangerous condition, namely an unidentified liquid, on the floor of a hot yoga studio. The Plaintiff had just completed a hot yoga session and was exiting the studio when she slipped and fell on an unidentified liquid which she presumed was sweat or someone’s spilled hydration drink.
Mr. Liu and Mr. Goffinet filed a Motion for Summary Judgment at the conclusion of discovery, arguing that Plaintiff had executed a Member Usage Agreement (MUA) containing exculpatory language, including a waiver and release. Counsel also argued that Plaintiff could not identify the liquid, where it came from or when it got on the floor. If it was sweat, it was a natural consequence of a hot yoga session that was contemplated by the waiver and release.
The Court ultimately granted the Motion on February 14, 2020 and dismissed the action against our client upon a finding that the waiver and release in the MUA was enforceable and that the existence of sweat on the floor was a natural consequence of hot yoga. Plaintiff filed a motion for reconsideration which was denied on April 17, 2020. Thereafter, she appealed the dismissal of the case to the Appellate Division. On appeal. The Appellate Division affirmed the trial court’s order dismissing the case on September 2, 2021.