Facts

Plaintiff Rita King, a long-time and experienced member of Club Pilates in Carlsbad was taking a Pilates class taught by an experienced instructor whom plaintiff liked and from whom she had taken multiple prior classes. During the class, the instructor provided the students with a number of optional exercises, including standing and balancing on a Bosu ball with the flat side up. While doing so, plaintiff also chose to close her eyes while balancing on the Bosu. She lost her balance, fell off and fractured her wrist.

Immediately after the incident, plaintiff apologized for disrupting the class, and also stated she was surprised she fell because she had done the same maneuver in the past. She later filed suit claiming negligence on the part of Club Pilates and contended that the instructor essentially required her to do what she did before falling, rather than providing choices.

Plaintiff had signed at least three Club Pilates membership agreements, each one containing waiver, release, and assumption of the risk language. Plaintiff claimed she could not recall signing the agreements, but she never questioned any of the contents or terms of the agreements.

PLAINTIFF'S CONTENTIONS: Plaintiff claimed that defendant was negligent in the manner in which it conducted its Pilates classes, including instructing its students, and as a result, plaintiff fell from a Bosu ball, and was injured.

DEFENDANT'S CONTENTIONS: There was no negligence; plaintiff was free to take the classes and to do whatever she felt comfortable doing during classes. Instructor provided choices of exercises for all students. Plaintiff was an experienced Pilates student, having taken some 400 classes before the class where she was injured. Plaintiff had signed several membership agreements in which assumed the risk of injury and waived any claims with respect to any injuries she may suffer.

Settlement Discussions

None

Specials in Evidence

Meds: $35,000

Injuries

Fractured wrist

Result

The court granted defendant's summary judgment motion based on waiver and assumption of the risk.