California Court of Appeal

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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



  • California Court of Appeal


  • 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.
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