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STELLUTI v. CASAPENN ENTERPRISES

A-43 September Term 2009

1 A.3d 678 (2010)

203 N.J. 286

Gina STELLUTI, Plaintiff-Appellant, v. CASAPENN ENTERPRISES, LLC, d/b/a Powerhouse Gym, Defendant-Respondent, and ABI Property Partnership, d/b/a Pavilion Center and Star Trac Fitness, Defendants.

Supreme Court of New Jersey.

Decided August 5, 2010.

Attorney(s) appearing for the Case

Edward A. Genz argued the cause for appellant (Montenegro, Thompson, Montenegro & Genz, attorneys). Russell S. Massey argued the cause for respondent (Billet & Associates, attorneys; Mr. Massey and Robert Douglas Billet, on the briefs).

E. Drew Britcher, Glen Rock, submitted a brief on behalf of amicus curiae New Jersey Association For Justice (Britcher, Leone & Roth, attorneys; Mr. Britcher and Jessica E. Choper, on the brief).

Justice LaVECCHIA delivered the opinion of the Court.

On January 13, 2004, while participating in a spinning1 class at a private fitness center, the handlebars on plaintiff Gina Stelluti's spin bike dislodged from the bike, causing her to fall and suffer injuries. In this appeal we must determine whether plaintiff should be bound to a pre-injury waiver of liability that she executed in connection with her membership application and agreement...

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