Rostai v. Neste Enterprises, E037544
The doctrine of primary assumption of the risk is a complete defense to an action for damages based on the alleged negligence of a personal fitness trainer in failing to investigate the cardiac risk factors of a client as a result of which the client allegedly suffered a heart attack during his first training workout.
Appellate Information
- Decided 04/05/2006
- Published 04/05/2006
Judges
Court
- California Court of Appeal
Counsel
- For Appellant:
- Nicastro Piscopo Ogrin, Kenneth Dean Ogrin; and Edward J. Haggerty, Rowland Heights, for Plaintiff and Appellant.
- For Appellees:
- Stone & Hiles and David L. Schaffer, Los Angeles, for Defendants and Respondents.