Powell v. American Health Fitness Center of Fort Wayne, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that exculpatory clause in release plaintiff signed as part of a health club membership agreement was not specific enough to release club from negligence liability
• holding that exculpatory clause in release plaintiff signed as part of a health club membership agreement was not specific enough to release club from negligence liability
• observing that once evidence has been designated to the trial court by one party, that evidence is deemed designated and the opposing party need not designate the same evidence
• rejecting similar argument and noting that plaintiff could defend against summary judgment on the material designated by defendant, particularly where the validity of the exculpatory clause – a question of law – was the dispositive issue
• \A contract is not ambiguous merely because the parties offer different interpretations of the contract terms.\
• “Nowhere does the clause specifically or explicitly refer to the negligence of American Health.”

Source: CourtListener parenthetical corpus (CC0).