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Avant v. Community Hospital4/12/2005
FOR PUBLICATION
Case Summary
Arnold Avant appeals the trial court's order granting summary judgment to Community Hospital and Fitness Pointe Health Club (collectively, "Fitness Pointe"). We affirm.
Issue
Avant presents two issues for our review, which we consolidate and restate as whether the trial court erred by granting summary judgment to Fitness Pointe.
Facts and Procedural History
The facts most favorable to Avant, the nonmoving party, are as follows. Community Hospital owns and operates Fitness Pointe Health Club in Munster, Indiana. On September 28, 1998, Avant signed a "Member/Participant Waiver and Release from Liability" agreement ("Release"). The Release provides, in pertinent part, as follows:
I promise and agree on behalf of myself, my heirs and assigns, not to sue and agree to release, discharge, and hold harmless and indemnify the Fitness Pointe, its agents, employees, members and all other personal or entities acting on its behalf from all claims, demands, rights and causes of action of any kind, whether arising from my own acts or those of Fitness Pointe. I hereby waive all claims for personal injury or property damage arising from my activities or use of the facilities and equipment at Fitness Pointe, and I accept, assume and incur all responsibility for the risk of injury from such activity and exercise.
Appellant's App. at 13. Upon signing the Release, Avant received a Fitness Pointe membership card. On April 25, 2000, Avant began using the services of a personal trainer, Tracy Oedzes, an employee of Fitness Pointe. He explained to Oedzes that his goals were to reduce his cholesterol and improve his general fitness. She designed a specific program for Avant, which included the use of various machines, weights, and a medicine ball. Oedzes was present each time Avant performed the fitness routine she developed for him. Avant alleges that the fitness routine caused him "serious injury, present and past medical expenses, present and past physical and emotional pain and suffering." Id. at 11.
On March 13, 2002, Avant filed a negligence claim against Fitness Pointe. On September 18, 2002, Fitness Pointe filed a motion to dismiss based upon its contention that the action should have been filed under the Indiana Medical Malpractice Act and thus the trial court lacked jurisdiction. The trial court denied Fitness Pointe's motion to dismiss on November 22, 2002, and it certified the issue for interlocutory appeal. On June 26, 2003, another panel of this Court affirmed the trial court's denial of the motion to dismiss. Cmty. Hosp. & Fitness Pointe Health Club v. Avant, 790 N.E.2d 585, 587 (Ind. Ct. App. 2003). The trial court resumed jurisdiction on August 11, 2003. Fitness Pointe filed its motion for summary judgment on April 23, 2004, and the trial court granted the motion on August 13, 2004. The trial court's order states, in pertinent part,
Upon review of Parties' supporting documentation and relevant case law, the Court now GRANTS Defendants' Motion as there is no genuine issue of material fact as to the issue of liability. Plaintiff's [admits] that she signed an exculpatory agreement with Defendant that clearly and specifically waives her right to pursue this personal injury claim against the Defendant.
Appellant's App. at 10. Avant now appeals.
Discussion and Decision
Avant contends that the trial court erred in concluding that there is no genuine issue of material fact regarding the effect of the Release in barring his negligence claim against Fitness Pointe. Our standard of review is well settled:
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