A Missouri appellate court reversed a $1 million jury verdict awarded to Melissa Moody, a gym-goer who sustained injuries during a group exercise class. The decision by the Eastern District of the Missouri Court of Appeals, Second Division, hinged on the doctrine of implied primary assumption of risk.
The court concluded that Moody’s frequent attendance at the fitness class indicated her understanding and acceptance of the possible risks involved, including injury. This reasoning aligned with Dynamic Fitness Management’s argument that the trial court erred in not recognizing the assumption of risk doctrine as a valid defense.
The doctrine of implied primary assumption of risk stipulates that a person who voluntarily consents to and appreciates the danger associated with a particular activity cannot later seek damages for injuries that occur as a result of those risks. More details about the case can be found in the
original article.