Gina Stelluti v. Casapenn Enterprises, LLC d/b/a
Powerhouse Gym (A-43-09)
8-5-10
The Court affirms the judgment of the Appellate
Division, which upheld the dismissal of plaintiff Gina
Stelluti’s negligence claims against defendant
Powerhouse Gym for injuries she sustained on exercise
equipment. It is not contrary to the public interest,
or to a legal duty owed, to enforce the pre-injury
waiver of liability agreement that Stelluti entered
into with Powerhouse Gym, which limited the gym’s
liability for injuries arising from a patron’s
participation in instructed activity and voluntary use
of the gym’s equipment.
