New York court finds that a Fitness Club Member Assumed the Risk of Injury

PRLog (Press Release) - Oct. 7, 2011 - Austin, TX- October 7, 2011- The latest edition of Sports Litigation Alert reports on how a New York state trial court has granted the summary judgment motion of a fitness club company, dismissing the claim of a member, who sued the club after she was injured while working out with a personal trainer. The judge found specifically that the doctrine of assumption of risk applied.

Gayle Levy was working with a personal trainer on November 24, 2008 when she fell off of a bosu ball and sustained a wrist fracture. Levy was required to undergo surgery to have a plate and screws inserted into her wrist.

She ultimately sued Town Sports International, Inc. for negligence. Shortly thereafter, TSI moved for summary judgment, claiming that Levy assumed all the risks associated with the workouts she performed while at TSI's facility.

This edition of Sports Litigation Alert also includes the following summaries:

   Parents of Student Athletes Fail in their Attack of Transfer Rule
   Stadium Vendor Sanctioned for Discovery Violations
   Court Provides Partial Victory to District, Coaches and Other Athletic Officials in Hazing Case
   Appeals Court Provides Relief to FSU in Litigation Involving Academic Fraud

Articles Included:

   Understanding Event Cancellation Insurance Coverage
   Double Fault? Class Action Lawsuit Filed by Tennis Umpires
   Uncle Luke v. Little Luke: Luther Campbell Sues Nevin Shapiro for Libel
   Hard Work, Good Fortune Takes Walters to Senior Legal Position with Bobcats
   Constitutional Challenges to Pat-Down Policy Fade Away, Even as Procedure is Expanded

Coming out 24 times a year, the Alert features a searchable archive of more than 1000 case summaries and articles pertinent to the sports law field.

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The Alert, through Hackney Publications (www.hackneypublications.com), is a member of the National Sports Law Institute and the Sports and Recreation Law Association (http://srlaweb.org/).

About Hackney Publications

Hackney Publications (www.hackneypublications.com) delivers valuable and important information about the legal side of the sports industry. Its overriding mission, through its publications, is to maintain a narrow editorial focus on issues that matter to its subscribers. In addition to Sports Litigation Alert, the company publishes Legal Issues in Collegiate Athletics, Legal Issues in High School Athletics, Professional Sports and the Law and The Journal of NCAA Compliance.

Hackney Publications, which is a member of the National Sports Law Institute and the Sports and Recreation Law Association (http://srlaweb.org/), was founded by journalist Holt Hackney, who has spent more than 20 years writing about sports, business and the law.