Trachtman & Trachtman, LLP Wins MSJ for Well-Known Fitness Company
Facts: Plaintiff was injured at a gym when her finger was crushed between two dumbbells. She lost the tip of her finger and needed three surgeries to repair. Trachtman & Trachtman, LLP represented the fitness company.
Trachtman & Trachtman, LLP (via Tim Smith, Esq.) moved for summary judgment on the basis of the release that Plaintiff signed and under the doctrine of Primary Assumption of Risk.
Outcome: In February 2021, in making its ruling on the MSJ, the Court found that Plaintiff successfully created triable issues of facts as to the enforceability of the express release. However, the Court granted our Motion on the basis that the doctrine of Primary Assumption of Risk barred Plaintiff’s recovery.