A Missouri appellate court reversed a $1 million jury verdict in favor of a woman who was injured during a group exercise class, concluding her negligence claim was barred by the doctrine of implied primary assumption of risk and that she consented to the potential risks.
A panel for the Eastern District of the Missouri Court of Appeals, Second Division, agreed with the defendant, Dynamic Fitness Management, in its argument that the trial court erred in rejecting its claim that Melissa Moody’s cause of action was barred under the doctrine of implied primary assumption of risk, concluding her frequent attendance at a group fitness class established she knew the potential risks involved, including injury.
