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The days of waivers may be numbered…

January 1, 2019
Pulice v. Green Brook Sports and Fitness L.L.C, Supreme Court of New Jersey, A-47 September Term 2017, Decided Nov. 13, 2018

After the court granted a petition for certification, this matter settled. However, Justice Albin dissented from the order dismissing the appeal. He opined that the issue raised is one of paramount public importance—the dismissal of Pulice’s action due to an exculpatory clause in the health club’s “standard-form contract.” Although the law in Stelluti v. Casapenn Enterprises, LLC, 203 N.J. 286, 1 A.3d 678, is still precedent, it looks as though Justice Albin was hoping this would be the case to change that. In Pulice, it was alleged that a trainer dropped a barbell on the plaintiff’s head. Justice Albin dissented from his colleagues not hearing the appeal and dismissed the settled matter, stating that a health club should have a non-delegable duty to exercise reasonable care. 

 

Case Law Alerts, 1st Quarter, January 2019

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