Spicer Rudstrom attorney Cameron M. Watson recently secured a dismissal upon written motion in a case against a Life Time Fitness center in Collierville, Tenn. The plaintiff in the suit alleged she sustained injuries when a pedal broke off of a stationary bike she was operating and claimed that her injuries were a result of the gym’s gross negligence and reckless disregard for safety.
The court agreed with the defendant, Cameron’s client, that her complaint was nothing more than speculation and that she assumed the risk of ordinary negligence when she signed the Member Usage Agreement upon joining the gym. The judge noted that the allegations, even without the waiver agreement, did not nudge the plaintiff’s claims “across the line from conceivable to plausible” as required by Rule 8 of the Federal Rules of Civil Procedure.
As such, Cameron’s motion to dismiss the case was granted, and the plaintiff’s claims in their entirety were dismissed with prejudice.
Cameron is an associate in Spicer Rudstrom’s Memphis office, where his practice focuses on automobile liability, products liability, intellectual property litigation, business and corporate law, employment litigation, and civil rights litigation.