Trachtman & Trachtman, LLP Wins Another MSJ Based on the Primary Assumption of Risk Doctrine
Facts: Plaintiff was injured in a fitness class that used martial arts movements. She sued the celebrity trainer as well as the fitness studio. Plaintiff suffered a compression fracture in her lumbar spine as well as a severe disc herniation that led to a disc replacement. This was a contentious case with a Plaintiff’s attorney who made extreme demands and who did what he could to make defense of the case very expensive. The Plaintiff was from a celebrity family.
Trachtman & Trachtman, LLP (via Tim Smith, Esq.) moved for summary judgment under both the express release and the doctrine of Primary Assumption of Risk.
Outcome: In a March, 2021 ruling, the Court once again found factual issues as to the enforcement of the release; however, the Court granted our MSJ under the doctrine of primary assumption of risk. The Court went on to order payment of attorney’s fees as costs of proof sanctions for Plaintiff’s denial of Requests for Admission.