Woman using the gym trips over an electrical box on the floor. Parties dispute liability release.
Past economic damages: $93,510.68
Future economic damages: $109,725
Past noneconomic damages: $161,850
Future noneconomic damages: $271,012.50
Strickland Law Firm by William E. Strickland, Manhattan Beach.
Mavredakis Cranert & Crawford by Terrence Cranert, Pasadena.
Brian Magovern, M.D., orthopedic surgery, Torrance. (Treating physician.)
Eric Yu, DC, Redondo Beach. (Treating physician.)
Jeffrey Korchek, M.D., orthopedic surgery, North Hollywood.
Philip Rosescu, forensic engineering.
Kurt Kuhn, handwriting, Fullerton.
Bart Baggett, handwriting, Sherman Oaks.
Dennis Fitzgerald, electrical engineering.
While plaintiff was walking through defendant’s gymnasium in El Segundo on January 31, 2016, her foot clipped the top of a metal wireway on the floor (approximately 6”x 6” x 6") that contained electrical wires running to defendants’ workout treadmill machines. The metal wireway was placed between the treadmills and was frequently traversed by gym members. The lid of the metal wireway was not secured and detached from the metal wireway. After the unsecured lid detached, plaintiff’s foot came down inside the metal wireway, causing her to lose balance and fall.
That the gyms' liability release agreement was void and defendants were responsible for negligence per se.
Specifically, defendants violated the California Building Code in the placement of the electrical wireway across an aisle that was more than 30 inches wide. Defendants relied solely on an allegedly signed one-page document titled “Amendment to Membership Agreement” to claim that Ms. Ziegler had waived all claims against them. Defendants did not produce a Club Membership Agreement signed by Ms. Ziegler; defendants only produced a Club Membership Agreement signed by her husband, which did not release any of Ms. Ziegler’s claims for injuries. Also, defendants were unable to authenticate the signature on the Amendment to Membership Agreement. Defendants stated they did not know how the signature was collected and there was no custodian for the record. Ms. Ziegler did not recall signing any such document, and Ms. Ziegler was not provided with a copy of the document. On the eve of trial, defendants claimed that the subject signature was captured by "electronic signature." Defendants failed to comply with the requirements for electronic signatures.
That plaintiff's claim was barred by a release agreement.
Fracture and dislocation of right elbow.