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.
Marc Trachtman Law (via Timothy 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 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.
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. Marc Trachtman Law, represented the fitness company.
Marc Trachtman Law, (via Timothy 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.
Facts: Plaintiff was a guest at an indoor playground establishment located in Southern California. Plaintiff was carrying her toddler child in her arms when she tripped and fell over a foam block while entering the “ball pit” arena. Marc Trachtman Law represented the indoor playground company. Our client had placed the foam block at the entrance to the arena as a method to contain the plastic balls inside the arena. The client expected customers to step over the 12” high foam block when entering the arena. Plaintiff alleges she did not see the block because she did not expect the entrance to be obstructed and assumed her path of travel was clear. Plaintiff, a surgeon at a well-known hospital, suffered a fractured right shoulder.
In July 2020, Marc Trachtman Law (via Timothy Smith, Esq.) filed an MSJ on behalf of our client on the basis that Plaintiff’s claim was barred by the doctrine of Primary Assumption of Risk.
Outcome: The Court granted our Motion and specifically held that the doctrine of Primary Assumption of Risk barred Plaintiff’s claims.
Facts: The City of Los Angeles is responsible for maintenance of hundreds of thousands of trees on City-owned property, but does not have the budget to maintain all of those trees. Here, a tree on City property fell and crushed a passing vehicle, seriously injuring the occupants. As is its practice, the City encouraged the Plaintiffs to name the adjacent landowner, in this case an apartment complex, as a defendant. The City then Cross-Complained against the apartment complex. Marc Trachtman Law represented the apartment complex.
Marc Trachtman Law (via John Roddy, Esq. and Timothy Smith, Esq.) moved for summary judgment on the ground that the apartment complex had no duty to maintain the subject tree and did not exercise possession, control or maintenance over the subject tree.
Outcome: Summary judgment was granted for the apartment complex. The City ended up paying more than $2,000,000 to resolve this claim.