SETTLEMENT: | $250,000.00
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CASE/ NO: | Potter v. Gold's Gym Super Fitness Center
- Fontana
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JUDGE: | Michael A. Smith, Department "11" |
ATTORNEYS: | Plaintiff - Michael H. Whitehill
Defendant - Greg C. Middlebrook, Thomas J. Mullen
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MEDICAL EXPERTS: | Plaintiff - James G. Kent, M.D., Biomechanics,
Los Angeles
Defendant - Michael Brandt Zawadski, M.D., Radiologist, Long Beach
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The next day Plaintiff participated in a karate tournament and placed second and third in the two events in which she competed. Several days later, Plaintiff reported to a medical clinic with severe headaches, neck pain and nasal discharge. She was treated with antibiotics and was told to go home. One week after the event at Gold's Gym, Plaintiff reported to the same medical clinic and was hospitalized. On admission she was diagnosed as having a CSF leak. She was hospitalized one week.
One month after the incident, Ms. Potter complained of increased back pain. Approximately six months after the incident Plaintiff began to complain of cognitive difficulties. On November 1994 Plaintiff underwent an anterior cervical surgery at the C-5 - C-6 level.
CONTENTIONS: Plaintiff contended the instructor, Mr. Thatcher, was negligent in the manner in which he demonstrated the move on Plaintiff. Plaintiff contended Gold's Gym could be liable for Mr. Thatcher's negligence even though he was not an employee on a joint venture or peculiar risk theory. Plaintiff also contended Gold's Gym itself was negligent for failing to place mats on the floor.
Defendant contended that Plaintiff's injuries were exaggerated and unrelated to the incident. Plaintiff had a history of previous lawsuits, back ailments and psychological instability. Defendants contended that Mr. Thatcher was not negligent but even if he was negligent he was an independent contractor for whom Gold's Gym could not be held vicariously liable. Finally, Gold's Gym contended that Plaintiff's injury, if any, was a foreseeable consequence of martial arts activities and therefore her claim was barred under the assumption of risk doctrine or as a result of a release she signed.
SETTLEMENT DISCUSSIONS: Plaintiff demanded $500,000.00. Defendants' initial offer was $35,000.00, which was raised to $175,000.00 after a mistrial was declared.
NOTE: This case was originally tried before Judge Victor in January 1994 who granted a mistrial when Defendant's manager was asked whether he was aware of Mr. Thatcher's prior felony conviction for First degree murder twenty years earlier. The felony conviction had not been the subject of discovery or any prior motion in limine.