Jiminez v. 24 Hour Fitness USA, Inc.

Etelvina Jiminez (plaintiff), a Spanish-speaking-only gym member, signed an English-only membership agreement with 24 Hour Fitness USA, Inc. (defendant) after an English-only membership manager communicated with her only through gestures and a price shown on a screen, without seeking a Spanish-speaking colleague as company policy required; the agreement contained a liability waiver she could not read. About two years later, Jiminez fell backward off a treadmill and struck her head on the exposed steel foot of a leg-exercise machine placed less than four feet behind it - well short of the six feet of clearance the treadmill manufacturer's safety instructions required - suffering severe injuries. Jiminez sued for gross negligence, presenting expert testimony on the safety-zone standard and evidence that many of 24 Hour's treadmills had equipment crowded as close as three feet behind them; 24 Hour moved for summary judgment based on the liability release, and the trial court granted it.