final until disposition of timely filed motion for rehearing.
from the Circuit Court for the Seventeenth Judicial Circuit,
Broward County; Jeffrey R. Levenson, Judge; L.T. Case No.
17-3255 CACE (09).
H. Pelzer and Neal W. Hirschfeld of Greenspoon Marder LLP,
Fort Lauderdale, and Steven M. Singer of Law Offices of
Steven M. Singer, P.A., Plantation, for appellant.
Ciampittiello and Michael W. LeRoy of Fulmer LeRoy &
Albee, PLLC, Orlando, for appellees.
Savoia appeals a final summary judgment entered in favor of
Fitness International, LLC, d/b/a LA Fitness, and Joan Vento
(the "gym") in a personal injury action. Savoia
contends that the trial court erred in entering summary
judgment because issues of material fact remained pertaining
to whether he was prevented from reading a comprehensive
exculpatory clause contained in his contract with the gym. We
agree and reverse.
slipped and fell in the gym's bathroom and subsequently
sued the gym for damages. The gym moved for summary judgment,
arguing that when signing up for membership, Savoia signed a
contract with an exculpatory clause that waived any such
contract was an electronic membership agreement, which was
presented to him on a computer tablet. Savoia was not shown a
printed contract. In the version of the contract that was
printed and placed in the record below, the contract is three
pages, and the bottom of the first page indicates that it is
"Page 1 of 3." Savoia's signature appears on
the bottom of the first page and the exculpatory clause is in
a box on the second page. There is no mention of the
exculpatory clause on the first page of the contract.
deposition, Savoia described the contract language as being
mostly obscured by a "pop-up" space for his
signature. He further testified as follows:
Q. So you just signed away without knowing, did they tell you
what was in there?
A. They just said to me these are your payments, amounts,
this is when your start date is. We had gone in with like
four of us had done it, and I was after the fact, like, we
all went there, they went there, and I came later on and
signed the little tablet for them at a later date.
. . . .
Q. Did you scroll up and down on the tablet?
A. No. He just told me sign it. This is your membership, and
I said, okay. So I signed it. I was thinking that my friends
already read the stuff, so I ...