Melissa Brown and Jonathan Stuckel of Marks O’Neill’s New Jersey office were successful in obtaining dismissal of common law negligence claims against a fitness center and instructor.  Plaintiff alleged that she was injured while participating in an aggressive fitness class taught by our client.  Prior to purchasing her membership and participation in the class, Plaintiff executed two waivers of liability.  Relying on the waivers, we moved to dismiss Plaintiff’s common law negligence claims arguing that the claims were barred by Plaintiff’s affirmative waiver of the right to recovery.  The court agreed and dismissed Plaintiff’s common law negligence claims with prejudice.