Rostai v. Neste Enterprises

Opinion

McKINSTER, Acting P. J.

In this case we hold that 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. Masood Rostai, plaintiff and appellant (hereafter plaintiff), sued Neste Enterprises doing business as Gold’s Gym (hereafter Gold’s Gym), and Jared Shoultz, defendants and respondents (hereafter referred to either…