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Pulice v. Green Brook Sports & Fitness, L.L.C.
Citations: 197 A.3d 184; 236 N.J. 1Docket: A-47 September Term 2017; 079923
Court: Supreme Court of New Jersey; November 14, 2018; New Jersey; State Supreme Court
On March 2, 2018, the Court granted a petition for certification, with the appeal scheduled for November 7, 2018. However, on November 5, 2018, the parties submitted a stipulation of dismissal, indicating they settled the matter. The Court accepted this stipulation, dismissed the appeal, and issued an order to memorialize the dismissal. A dissenting opinion expressed concern over the public importance of the case involving Maria Pulice, who suffered serious injuries due to a distracted health club trainer dropping a dumbbell. Pulice was denied recovery for her negligence claim because she signed an exculpatory clause, which is standard in the health club industry, effectively immunizing the club from its own negligence. The dissent referenced the case Stelluti v. Casapenn Enterprises, LLC, where a similar clause was upheld, allowing health clubs to avoid liability for negligence. The dissent argued that health clubs should have a non-delegable duty to ensure patron safety and criticized the use of exculpatory clauses that undermine consumer rights. The opinion emphasized the need for judicial or legislative action to prevent future injuries and highlighted the historical disfavor of such agreements in law, which encourage negligence by commercial enterprises. Business owners, particularly operators of commercial recreational enterprises, hold the responsibility to prevent harm to customers through regular inspections, employee training, and activity regulation. Common law entitles victims to compensation for injuries caused by tortfeasors, and contracts that undermine public interest are unenforceable. Allowing health clubs to absolve themselves of reasonable care towards patrons contradicts public welfare. Tort law should focus on accident prevention and require health clubs to ensure equipment safety and maintain due care. Exculpatory clauses, which limit liability, hinder care and increase societal costs through resulting injuries. The common law aims for fair outcomes and should not allow contracts that compromise public health and safety. Legislative intervention is necessary when common law misaligns with public policy. The excerpt highlights the hope for reevaluation of negligence standards, particularly in the context of cases like Ms. Pulice's against Eclipse Fitness, where the dismissal on summary judgment raises concerns about compensating victims of ordinary negligence, which differs from gross negligence. The distinction between negligence and gross negligence underlines the inadequacy of allowing claims only under the latter when ordinary care failures result in significant injuries.