Chavez v. 24 Hour FitnessAnnotate this Case
After Stacey Chavez suffered a traumatic brain injury while exercising at one of 24 Hour's facilities, she and her husband filed suit against 24 Hour for ordinary and gross negligence, premises liability, and strict products liability. Stacy's husband sought recovery for loss of consortium. The trial court granted summary judgment in favor of 24 Hour and plaintiffs appealed the gross negligence claim, as well as the denial of their request for a continuance. The court concluded that a trier of fact could conclude from the record evidence that 24 Hour failed to perform regular preventative maintenance and, on that basis, that it failed to exercise scant care or demonstrated passivity and indifference toward results. Further, other triable issues of material fact bearing on the question of gross negligence exist. The court also concluded that, under these circumstances, the trial court abused its discretion in denying plaintiffs' request for a continuance. Accordingly, the court reversed and remanded for further proceedings.