YMCA not dismissed on Charitable Immunity, but on Assumption of Risk, for a run into a wall as trial court was premature.

The plaintiff’s claim, that she fell and hit her head in a fitness class due to running too fast and fell into a wall, was dismissed as Assumption of the Risk by the trial court. The appellate court found the opposite. According to the Superior Court, the trial court was premature in dismissing the motion for summary judgment on the Charitable Immunity claim without discovery on the defendant organization for educational and/or charitable purposes. The court also found that the trial court was premature in granting the motion for summary judgment on Assumption of the Risk before expert reports, which asserted a failure to set up a buffer zone, pad the walls and instruct the class.

_{Case Law Alerts, 3rd Quarter, July 2017}

_{Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2017 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.}