Facts

Plaintiff Assaf Blecher, a member of the 24 Hour Fitness facility, was injured when his personal trainer, who was an employee of the gym, dropped a 145-pound barbell on plaintiff's face, while plaintiff was participating in a personal training session.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the trainer's actions constituted gross negligence and that the trainer failed to follow safety procedures that are the standard in the fitness industry. Plaintiff also contended that the club was grossly negligent for its failure to properly educate its trainers on proper safety techniques that could have prevented or minimized the risk of injury. Plaintiff alleged that defendants were grossly negligent and therefore their actions were outside the scope of the release.

DEFENDANTS' CONTENTIONS:
Defendants contended that their actions did not constitute gross negligence; that plaintiff assumed the risks associated with the activities; and that plaintiff was negligent as well.

Settlement Discussions

Plaintiff made a CCP § 998 offer to settle in the amount of $575,000. Defendant's offer was $50,000 at mediation. Defendants then offered $200,000 just prior to trial.

Injuries

Plaintiff, age 38, sustained facial fractures, which necessitated surgery, and nerve damage to the right side of his face.

Other Information

Defendants filed a motion for Summary Judgment based on the signed liability waiver contained within the membership agreement. The court denied defendants' motion. A mediation was conducted with Alan Saler four months prior to trial. Defense top offer at mediation was $50,000. Plaintiff's lowest demand at mediation was $1 million. FILING DATE: March 12, 2010.

Deliberation

11 hours

Poll

10-2 (in favor of plaintiff finding defendants were grossly negligent)

Length

two weeks