1 Andrew C. Bryman, SBN#97457; Brenden M. Norton, SBN# 297033 2 LAW OFFICE OF BRYMAN & APELIAN A Professional Corporation 3 28632 Roadside Drive, Suite 200 4 Agoura Hills, CA 91303 Telephone: (818) 225-5151 5 Facsimile: (818) 225-5155 Email: Andrew@LawyersBA.com; Bnorton000@gmail.com; Acbsecretary@LawyersBA.com 6 Attorneys for Plaintiffs, THOMAS SIMPSON and SUE SIMPSON 7 8 Keith A. Sipprelle, Of Counsel (CA Bar No. 143358) 9 David B. Van Etten, Of Counsel (CA Bar No. 119049)

LITTLETON JOYCE UGHETTA & KELLY LLP

10 2945 Townsgate Road, Suite 200 Westlake Village, CA 91361 11 Telephone: 213.599.8200 12 Facsimile: 213.228.1980 Email: keith.sipprelle@littletonjoyce.com; david.vanetten@littletonjoyce.com 13 Attorneys for Defendants iFIT, INC. (f/k/a ICON Health & Fitness, Inc.) and COSTCO 14 WHOLESALE CORPORATION (erroneously sued as LIVERMORE COSTCO #146) 15 16

UNITED STATES DISTRICT COURT

17

NORTHERN DISTRICT OF CALIFORNIA (OAKLAND)

18 19 THOMAS SIMPSON AND SUE SIMPSON, CASE NO.: 4:24-cv-08707-HSG 20 Plaintiffs, STIPULATION AND ORDER 21 ALLOWING PLAINTIFFS TO FILE vs. FIRST AMENDED COMPLAINT FOR 22 DAMAGES (as modified) 23 ICON HEALTH & FITNESS, INC.; IFIT,

INC.; NORDIC TRACK; LIVERMORE

24 COSTCO #146 and DOES 1 through 100, inc., 25 Defendants. 26 27 1 Pursuant to Federal Rule of Civil Procedure 15(a)(2), Plaintiffs THOMAS SIMPSON and 2 SUE SIMPSON (collectively, “Plaintiffs”), and Defendants iFIT, INC. (f/k/a ICON HEALTH & 3 FITNESS, INC.) and COSTCO WHOLESALE CORPORATION (erroneously sued as 4 LIVERMORE COSTCO #146) (collectively, “Defendants”), through their undersigned counsel, 5 hereby stipulate and agree as follows: 6 WHEREAS on October 22, 2024, Plaintiffs filed a Complaint for Damages in the 7 Superior Court of the State of California for the County of Alameda (the “Complaint”) alleging 8 product liability and related claims against Defendants seeking damages arising from personal 9 injuries sustained by plaintiff THOMAS SIMPSON when he fell from a moving NordicTrack 10 treadmill. 11 WHEREAS on December 3, 2024, defendant COSTCO WHOLESALE CORPORATION 12 removed this action to this Court. 13 WHEREAS on September 26, 2025, the parties filed their Stipulation for Dismissal 14 without Prejudice of Defendant NordicTrack, Inc. 15 WHEREAS this matter is currently set for trial on March 30, 2026. 16 WHEREAS Plaintiffs seek to file their First Amended Complaint for Damages, which 17 (1) add ROCKY MOUTAIN FITNESS REPAIR, LLC, a Utah limited liability company, as a 18 defendant and allegations stating two causes of action against that entity for negligence and 19 breach of warranty of good and workmanlike service and (2) to remove NordicTrack, Inc. 20 (erroneously sued as Nordic Track as a defendant in the case. 21 WHEREAS a copy of Plaintiffs’ proposed First Amended Complaint for Damages is 22 attached hereto as EXHIBIT “A.” 23 / / / / 24 / / / / 25 / / / / 26 / / / / 27 / / / / 1 IT IS HEREBY STIPULATED, by and between Plaintiffs and Defendants, by and 2 through their respective counsel, that: 3 1. Plaintiffs should be granted leave to amend to file her First Amended Complaint 4 for Damages, a copy of which is attached hereto as EXHIBIT “A.” 5 2. Defendants’ responsive pleading shall be due thirty (30) days after the First 6 Amended Complaint for Damages is filed. 7 3. 8 DATED: September 26, 2025 LAW OFFICE OF BRYMAN & APELIAN 9 By: s / Andrew C. Bryman 10 Andrew C. Bryman 11 Brenden M. Norton Attorneys for Plaintiffs, THOMAS SIMPSON and 12 SUE SIMPSON 13 14 Dated: September 26, 2025 LITTLETON JOYCE UGHETTA & KELLY LLP 15 By: s/ David B. Van Etten 16 David B. Van Etten 17 Keith A. Sipprelle Attorneys for Defendants, iFIT, INC. (f/k/a 18 ICON HEALTH & FITNESS, INC.) and

COSTCO WHOLESALE CORPORATION

19 (erroneously sued as LIVERMORE COSTCO 20 # 146 21 22 23 24 25 26 27

EXHIBIT A

1 Andrew C. Bryman, Esq. (SBN#97457) Email: Andrew@LawyersBA.com; 2 Brenden M. Norton, Esq. (SBN# 297033) Email: Bnorton000@gmail.com; 3

LAW OFFICE OF BRYMAN & APELIAN

4 A Professional Corporation 28632 Roadside Drive, Suite 200 5 Agoura Hills, CA 91303 Telephone: (818) 225-5151 6 Facsimile: (818) 225-5155 Email: Acbsecretary@LawyersBA.com 7 Attorneys for Plaintiffs, THOMAS SIMPSON and SUE SIMPSON

8

UNITED STATES DISTRICT COURT

9 NORTHERN DISTRICT OF CALIFORNIA (Oakland) 10 11 THOMAS SIMPSON and SUE SIMPSON CASE NO.: 4:24-CV-08707-HSG

12 Plaintiffs, FIRST AMENDED COMPLAINT (FAC)

FOR DAMAGES FOR:

13 v. 14 IFIT, INC.; COSTCO WHOLESALE 1. Negligence 2. Strict Product Liability

CORPORATION; ROCKY MOUNTAIN

15 3. Negligence Product Liability FITNESS REPAIR, LLC; and DOES 1 4. Breach of Express and Implied 16 through 100, inclusive, Warranties 5. Breach of Express and Implied 17 Defendants. Warranty of Repair and Service 18 6. Loss of Consortium

19 DEMAND FOR JURY TRIAL

20 [UNLIMITED CIVIL ACTION]

21

22 Plaintiffs, THOMAS SIMPSON and SUE SIMPSON, hereby allege as follows: 23 24 GENERAL ALLEGATIONS 25 Plaintiff, THOMAS SIMPSON and SUE SIMPSON by and through the undersigned 26 counsel, hereby brings this Complaint for Damages against Defendants’ IFIT, INC.; COSTCO 27 WHOLESALE CORPORATION; ROCKY MOUNTAIN FITNESS REPAIR, LLC; and DOES 1 1. Plaintiffs THOMAS SIMPSON and SUE SIMPSON are now, and at all times 2 mentioned herein were, residents of the County of Alameda, State of California. 3 2. Plaintiffs are informed and believe and thereon alleges that at all time relevant 4 hereto, Defendant IFIT, INC.; and DOES 1 through 100, inclusive and each of them, are believed 5 to be a corporation, organized and existing under and by virtue of the laws of the State of Utah 6 and were doing business on and before June 6, 2024 throughout the state of Utah including at 7 1500 South 1000 West, Logan, UT 84321. 8 3. Plaintiffs are informed and believes and thereon alleges that at all time relevant 9 hereto, Defendant COSTCO WHOLESALE CORPORATION and DOES 1 through 100, 10 inclusive, and each of them, are believed to be a corporation, organized and existing under and by 11 virtue of the laws of the State of California and were doing business on and before June 6, 2024 12 throughout the state of California including at 2800 Independence Drive, Livermore, CA 94551. 13 4. Plaintiffs are informed and believe and thereon alleges that at all times relevant 14 herein, Defendant ROCKY MOUNTAIN FITNESS, LLC, and DOES 1 through 100, inclusive, 15 and each of them, are believed to be a Utah corporation, organized and existing under and by 16 virtue of the laws of the State of Utah and were doing business on or before June 6, 2024, 17 throughout the State of Utah, including 1198 S. Hoytsville Road, Coalville, UT 84017. Defendant 18 ROCKY MOUNTAIN FITNESS REPAIR LLC was doing business in the State of California on 19 and before June 6, 2024, including providing repair and maintenance services to Plaintiffs. 20 5. IFIT, INC. has its principal office at 1500 South 1000 West, Logan, UT 84321. 21 6. ROCKY MOUNTAIN FITNESS REPAIR, LLC has its principal office at 1198 S. 22 Hoytsville Road, Coalville, UT 84017. 23 7. COSTCO WHOLESALE CORPORATION has its principal office at 2800 24 Independence Drive, Livermore, CA 94551. 25 8. At this time, Plaintiffs are ignorant of true names or capacities, whether individual, 26 corporate, associate or otherwise, of the fictitiously named Defendants DOES 1 through 100, 27 inclusive, who therefore sues said persons by such fictitious names. When such time as the true 1 Plaintiffs will ask leave of the court to amend this Complaint to insert their true names and 2 capacities. 3 9. Plaintiffs are informed and believe and based thereon allege that each of the 4 Defendants designated herein as Does 1 through 100 is responsible in some manner for the events 5 and happenings herein referred to and negligently, wantonly, recklessly, tortuously and/or 6 unlawfully proximately caused injuries and damages thereby to Plaintiff, as herein alleged. 7 10. Plaintiffs are informed and believe and based thereon allege that at all times herein 8 mentioned each of the Defendants sued herein as a DOE was the agent and employee of each of 9 the other Defendants and was at all times acting within the purpose and scope of such agency and 10 employment. 11 11. The incident giving rise to Plaintiff Thomas Simpson’s injuries occurred on June 12 6, 2024. Plaintiff Thomas Simpson was walking on his Nordic Tack treadmill (purchased from 13 COSTCO WHOLESALE CORPORATION’S COSTCO Store at 2800 Independence Drive, 14 Livermore, CA 94551) within the Plaintiffs’ residence located at 16659 Springbrook Lane, Castro 15 Valley, CA 94552, when the treadmill inadvertently and unintentionally had a speed surge causing 16 the Plaintiff to fall off of the treadmill and to forcefully contact the moving belt causing him to 17 suffer a third degree burn. The subject product is a Nordic Track Elite 1000 treadmill; Model 18 Number: NTL89122.0; Serial No.: PP340C0002006 (hereafter “subject treadmill”). 19 12. As a direct result and consequence of the negligent acts/omissions of each of the 20 Defendants herein described, Plaintiffs have been damaged in an amount in excess of the 21 jurisdictional minimum of this Court. 22 23 FIRST CAUSE OF ACTION BY PLAINTIFF THOMAS SIMPSON 24 AGAINST DEFENDANTS IFIT, INC.; ROCKY MOUTNAIN FITNESS REPAIR, LLC; 25 and DOES 1 through 100, INCLUSIVE 26 FOR NEGLIGENCE 27 13. Plaintiffs incorporate by reference herein paragraphs 1 through 12, inclusive, of 1 14. At all times herein mentioned, Defendant IFIT, INC.; Defendant ROCKY 2 MOUTNAIN FITNESS REPAIR, LLC; and DOES 1 through 100, inclusive, were and are 3 maintenance and repair companies specializing in Treadmill service. On multiple occasions 4 before the date of Plaintiff Thomas Simpson’s incident, Defendants went to the premises of 5 Plaintiffs’ residence where the subject treadmill was located for service calls. These services calls 6 related to complaints concerning inadvertent and unintentional speed surges of the subject 7 treadmill. Services were performed pursuant to an Extended Service Plan, which included 8 Defendant ROCKY MOUNTAIN FITNESS REPAIR, LLC being sent to perform repair, 9 maintenance, and service to, on, and upon the subject treadmill concerning the speed surge issue. 10 These Defendants promised the Plaintiffs competent, workmanlike service to fix, remedy, correct, 11 repair, and to return the subject treadmill to its safe and usable condition, and the Plaintiffs relied 12 on their representation regarding Defendants’ services. 13 15. Defendant IFIT, INC. and Defendant ROCKY MOUNTAIN FITNESS REPAIR, 14 LLC, represented that they specialized in the repair, maintenance, and service of Treadmills, 15 including the subject treadmill owned by Plaintiffs. Defendants IFIT, INC. and Defendant 16 ROCKY MOUNTAIN FITNESS REPAIR, LLC had the duty of reasonable care in the 17 performance of and rendering of their services to, on, and upon the subject treadmill. Defendants’ 18 negligent performance of their maintenance and repair services on the subject treadmill resulted 19 in Plaintiff Thomas Simpson sustaining serious injuries, when the subject treadmill had a speed 20 surge incident. Before the subject incident that injured Plaintiff occurred, Defendant ROCKY 21 MOUNTAIN FITNESS REPAIR, LLC undertook the responsibility to perform repair, 22 maintenance, and service to the subject treadmill, including rectifying the speed surge issue that 23 was the subject of Plaintiffs’ previous service calls. Unfortunately, Defendants’ negligent 24 servicing of the subject treadmill failed to eliminate or rectify the speed surge issue, and as a direct 25 result of Defendants’ negligence Plaintiff Thomas Simpson sustained serious injuries when a 26 speed surge occurred while he was actively using the subject treadmill. The unexpected speed 27 surge caused him to fall forcefully onto the treadmill’s rapidly moving belt which caused Plaintiff 1 and suffering. 2 16. As a direct result of the negligence, carelessness, and/or unlawful conduct of 3 Defendant IFIT, INC.; Defendant ROCKY MOUNTAIN FITNESS REPAIR, LLC; and DOES 1 4 through 100, inclusive, the services, including repair and maintenance, to the subject treadmill 5 were performed negligently, carelessly, without due and reasonable care, and did not eliminate 6 and did not rectify the speed surge issue which resulted in the subject incident that injured Plaintiff 7 Thomas Simpson. 8 17. Plaintiff Thomas Simpson’s resulting injuries have caused and continue to cause 9 him to suffer great physical, mental, emotional, and nervous pain and suffering and mental 10 anguish, all to his general damage in a sum which has yet to be ascertained. Plaintiff Thomas 11 Simpson’s injuries necessitated he receive medical care and treatment for his injuries. Plaintiff 12 Thomas Simpson was compelled to employ and did employ physicians and surgeons to treat and 13 care for his injuries and did necessarily become hospitalized and did necessarily incur and will in 14 the future incur expenses for physicians and surgeons, hospitalizations and hospital facilities, 15 nurses, x-rays, medicines, medical supplies, and other medically related expenses according to 16 proof at trial. 17 18. As a direct result of the negligence, carelessness, and/or unlawful conduct of 18 Defendants IFIT, INC.; ROCKY MOUNTAIN FITNESS REPAIR, LLC; and DOES 1 through 19 100, inclusive, Plaintiff Thomas Simpson did necessarily incur, and in the future will incur, 20 incidental expenses and damages according to proof at trial. 21 19. As a direct result of the negligence of Defendants IFIT, INC.; ROCKY 22 MOUNTAIN FITNESS REPAIR, LLC; and DOES 1 through 100, inclusive, Plaintiff Thomas 23 Simpson’s injuries prevent him from attending to his usual occupation, and Plaintiff is informed 24 and believes, and thereon alleges, that he will be prevented from attending to his usual occupation 25 for a period in the future thereby sustaining loss of earnings and earning capacity. 26 / / / / 27 / / / / 1 SECOND CAUSE OF ACTION BY PLAINTIFF THOMAS SIMPSON 2 AGAINST DEFENDANTS IFIT, INC.; COSTCO WHOLESALE CORPORATION; and 3 DOES 1 through 100, inclusive, 4 FOR STRICT PRODUCT LIABLITY 5 20. Plaintiff incorporates by reference herein paragraphs 1 through 21, inclusive, of 6 this First Amended Complaint (FAC). 7 21. At all times herein mentioned, Defendants IFIT, INC.; COSTCO WHOLESALE 8 CORPORATION; and DOES 1 through 100, inclusive, were and are, the manufacturer, designer, 9 and/or seller of the subject treadmill. 10 22. The aforementioned treadmill was not properly manufactured, designed, 11 assembled, packaged, tested, fabricated, analyzed, inspected, leased, modified, merchandised, 12 marketed, distributed, labeled, advertised, promoted, sold, supplied, maintained, or repaired the 13 Subject treadmill. Said treadmill, Nordic Track Elite 1000 treadmill; Model Number: 14 NTL89122.0; Serial No.: PP340C0002006 had inherent defects both in design and manufacturing 15 due to, among other things, the following: Defendant provided the Subject treadmill, which as a 16 consequence of a defect in design and or manufacturing, allowed speed surges which were 17 unexpected by the user, causing Plaintiff Thomas Simpson to be thrown from the treadmill when 18 it was being used in a foreseeable manner. The fall sequence caused Plaintiff Thomas Simpson’s 19 leg to strike the belt on the treadmill as it was running causing third degree burns to Plaintiff 20 Thomas Simpson, who is diabetic. Said treadmill did not incorporate appropriate safety guards 21 and/or safety devices and warnings, including, but not limited to electrical and/or mechanical 22 components to prevent speed surges. 23 23. Defendants IFIT, INC.; COSTCO WHOLESALE CORPORATION; and DOES 1 24 through 100, inclusive, and each of them, knew that the treadmill, was to be purchased, and used 25 without inspection for defects, by users and the general public. 26 24. Said treadmill was unsafe for its intended use by reason of defects in its design and 27 or manufacture in that when the subject treadmill was used by Plaintiff as intended, or in a 1 set forth, due to the following defects: Said treadmill did not incorporate appropriate safety guards 2 and/or safety devices or warnings and lacked other appropriate feasible, practical and desirable 3 safety guards and/or safety devices to prevent injury and speed surges. Said defects made the 4 treadmill dangerous, defective, hazardous and unsafe for its intended use by Plaintiff or for 5 reasonably foreseeable misuses. Defendants IFIT, INC.; COSTCO WHOLESALE 6 CORPORATION; and DOES 1 through 100, inclusive, expressly and impliedly promised to the 7 user and/or consumer that said product and/or its component parts was safe for the use for which 8 it was intended. The product did not perform the way a consumer would expect and the benefits 9 of the design were outweighed by the risk of injury. 10 25. Plaintiffs relied on the skill and judgment of Defendants IFIT, INC.; COSTCO 11 WHOLESALE CORPORATION; and DOES 1 through 100, inclusive, and each of them. Plaintiff 12 was a user of the treadmill, and on the date previously mentioned was using the subject treadmill 13 in a foreseeably intended manner. 14 26. As a proximate result of the breach above, Plaintiff sustained the injuries and 15 damages previously set forth. 16 17 THIRD CAUSE OF ACTION BY PLAINTIFF THOMAS SIMPSON 18 AGAINST DEFENDANTS IFIT, INC.; COSTCO WHOLESALE 19 CORPORATION; ROCKY MOUNTAIN FITNESS REPAIR, LLC; and DOES 1 through 20 100, inclusive, 21 FOR NEGLIGENCE PRODUCT LIABLITY 22 27. Plaintiff incorporates by reference herein paragraphs 1 through 28, inclusive, of 23 this First Amended Complaint. 24 28. Defendants IFIT, INC.; COSTCO WHOLESALE CORPORATION; ROCKY 25 MOUNTAIN FITNESS REPAIR, LLC; and DOES 1 through 100, inclusive, were and are, the 26 manufacturer, designer, seller, and servicer of the subject treadmill. 27 29. At all times herein mentioned, Defendants IFIT INC.; COSTCO WHOLESALE 1 inclusive, distributed, sold, provided, and serviced the subject treadmill. At all times herein 2 Defendants IFIT, INC.; COSTCO WHOLESALE CORPORATION; ROCKY MOUNTAIN 3 FITNESS REPAIR, LLC; and DOES 1 through 100, inclusive, had a duty to properly design, 4 manufacture, sell, test, use, operate, maintain, repair, modify, evaluate for safety, inspect, service, 5 and warn regarding the subject treadmill, and its component parts, which caused Plaintiff’s 6 injuries. 7 30. At all times herein mentioned, Defendants IFIT INC.; COSTCO WHOLESALE 8 CORPORATION; ROCKY MOUNTAIN FITNESS REPAIR, LLC; and DOES 1 through 100, 9 inclusive, knew or in the exercise of reasonable care should have known, that said Defendants’ 10 treadmill was negligently repaired, serviced, designed, manufactured, sold, tested, leased, 11 modified, inspected, maintained, used, operated, contained inadequate warnings, was not safe, 12 and did not incorporate a reasonably safe design when used in a foreseeable manner. 13 31. At all times herein mentioned, Defendants IFIT INC.; COSTCO WHOLESALE 14 CORPORATION; ROCKY MOUNTAIN FITNESS REPAIR, LLC; and DOES 1 through 100, 15 inclusive, so negligently designed, manufactured, repaired, serviced, sold, tested, inspected, 16 modified, maintained, used, operated, repaired and warned regarding Defendants’ treadmill that 17 said product was defective, dangerous and unsafe for the respective use and purpose for which it 18 was intended when used by reasonably foreseeable users. Plaintiff Thomas Simpson relied on the 19 Defendants to provide a safe treadmill and Defendants promised to do so. 20 32. Defendants provided the Subject treadmill, which as a consequence of a defect in 21 design and/or manufacture, allowed speed surges which were unexpected by the user causing 22 Plaintiff Thomas Simpson to be thrown from the treadmill when it was being used in a foreseeable 23 manner. The fall sequence caused Plaintiff Thomas Simpson leg to strike the belt on the treadmill 24 as it was running causing third degree burns to Plaintiff Thomas Simpson, who is diabetic. Said 25 treadmill did not incorporate appropriate safety guards and/or safety devices and warnings, 26 including, but not limited to, speed limiting safety device to prevent speed surges. 27 33. Defendants IFIT, INC.; COSTCO WHOLESALE CORPORATION; ROCKY 1 construction, care, use, operation, design, and maintenance, service, and repairs of the subject 2 treadmill and held themselves out as being experts in regard to this type of equipment and the 3 maintenance, servicing, and repairing. Before the date of the subject incident, and pursuant to the 4 Extended Service Agreement, Defendant ROCKY MOUNTAIN FITNESS REPAIR, LLC 5 attempted to perform certain service, maintenance, and repair work to the subject treadmill in 6 response to a service call requested by Plaintiff Thomas Simpson due to the unexpected speed 7 surge issue. Defendant ROCKY MOUNTAIN FITNESS REPAIR, LLC so negligently performed 8 the service, maintenance, repair work to the subject treadmill that Defendant ROCKY 9 MOUNTAIN failed to eliminate and failed to rectify the speed surge issue. Defendant ROCKY 10 MOUNTAIN FITNESS REPAIR, LLC failed to perform the service, maintenance, and repair 11 work to the subject treadmill in a good and workmanlike manner. The negligent repair and 12 maintenance service performed by Defendant ROCKY MOUNTAIN FITNESS REPAIR, LLC 13 and DOES 1 through 100, inclusive, and each of them to the subject treadmill resulted in the speed 14 surge recurring on the date of the subject incident when a speed surge caused Plaintiff Thomas 15 Simpson to fall onto the moving belt and suffer severe third-degree burns. 16 34. As a direct result of the negligence, carelessness and/or unlawful conduct of 17 Defendants IFIT, INC.; COSTCO WHOLESALE CORPORATION; ROCKY MOUNTAIN 18 FITNESS REPAIR, LLC; and DOES 1 through 100, inclusive, Plaintiff Thomas Simpson 19 sustained severe injury to his leg. Plaintiff Thomas Simpson is informed and believes, and upon 20 such information and belief alleges, that all these injuries have caused and continue to cause him 21 great physical, mental and nervous pain and suffering and mental anguish, all to her general 22 damage in a sum which has yet to be ascertained. 23 35. As a direct result of the negligence, carelessness, and/or unlawful conduct of 24 Defendants IFIT, INC.; COSTCO WHOLESALE CORPORATION; ROCKY MOUNTAIN 25 FITNESS REPAIR, LLC; and DOES 1 through 100, inclusive, Plaintiff Thomas Simpson was 26 compelled to employ and did employ physicians and surgeons to treat and care for his, and did 27 necessarily become hospitalized and did necessarily incur and will in the future incur expenses 1 medical supplies, and other medically related expenses according to proof at trial. 2 36. As a direct result of the negligence, carelessness, and/or unlawful conduct of 3 Defendants IFIT, INC.; COSTCO WHOLESALE CORPORATION; ROCKY MOUNTAIN 4 FITNESS REPAIR, LLC; and DOES 1 through 100, inclusive, and the injuries caused thereby as 5 aforesaid, Plaintiff Thomas Simpson did necessarily incur, and in the future will incur, incidental 6 expenses and damages according to proof at trial. 7 8 FOURTH CAUSE OF ACTION BY PLAINTIFF THOMAS SIMPSON 9 AGAINST DEFENDANTS IFIT, INC.; COSTCO WHOLESALE CORPORATION; and 10 DOES 1 through 100, inclusive, 11 FOR BREACH OF EXPRESS AND IMPLIED WARRANTIES 12 37. Plaintiffs incorporate by reference herein paragraphs 1 through 39, inclusive, of 13 this Complaint. 14 38. At all times mentioned herein, on and prior to the date that the subject treadmill, 15 was used, Defendants improper design made it dangerous and hazardous. IFIT, INC.; COSTCO 16 WHOLESALE CORPORATION; and DOES 1 through 100, inclusive, expressly and impliedly 17 warranted to the user that said product and/or its component parts was of merchantable quality 18 and safe for the use for which it was intended. 19 39. Plaintiff relied on the skill and judgment of Defendants IFIT, INC.; COSTCO 20 WHOLESALE CORPORATION; and DOES 1 through 100, inclusive, and each of them, and on 21 the express and implied warranties of the Defendant, and each of them, as a user of the treadmill 22 and on the date previously mentioned Plaintiff Thomas Simpson walking on his Nordic Track 23 Elite 1000 treadmill when an unexpected speed surge caused Plaintiff Thomas Simpson to be 24 thrown from the treadmills striking the moving belt causing a third degree burn when the treadmill 25 was being used in a foreseeably intended manner. 26 40. Said treadmill was not safe for its intended use, or of merchantable quality as 27 warranted by Defendants IFIT, INC.; COSTCO WHOLESALE CORPORATION; and DOES 1 1 previously set forth. Defendants, and each of them, have been given notice of said breach of 2 warranties with the filing of this action. 3 41. As a proximate result of the breach of said express and implied warranties, Plaintiff 4 Thomas Simpson sustained the injuries and damages previously set forth. 5 6 FIFTH CAUSE OF ACTION BY PLAINTIFF THOMAS SIMPSON 7 AGAINST DEFENDANT ROCKY MOUNTAIN FITNESS REPAIR, LLC; and 8 DOES 1 through 100, inclusive, 9 FOR BREACH OF EXPRESS AND IMPLIED WARRANTIES 10 FOR REPAIR AND MAINTENANCE 11 42. Plaintiffs incorporate by reference herein paragraphs 1 through 44, inclusive, of 12 this First Amended Complaint. 13 43. At all times herein mentioned, Defendant ROCKY MOUTNAIN FITNESS 14 REPAIR, LLC; and DOES 1 through 100, inclusive, were and are maintenance and repair 15 companies specializing in Treadmill repair and maintenance service. On multiple occasions 16 before the date of Plaintiff Thomas Simpson’s incident, Defendants went to the premises of 17 Plaintiffs’ residence where the subject treadmill was located for service calls. These services calls 18 related to complaints concerning inadvertent and unintentional speed surges of the subject 19 treadmill. Services were performed pursuant to an Extended Service Plan, which included 20 Defendant ROCKY MOUNTAIN FITNESS REPAIR, LLC being sent to perform repair, 21 maintenance, and service to, on, and upon the subject treadmill concerning the speed surge issue. 22 Defendant promised the user, Plaintiff Thomas Simpson, competent, workmanlike service to fix, 23 remedy, correct, repair, and to return the subject treadmill to its safe and usable condition, and the 24 Plaintiff relied on their representation regarding Defendant’s services. 25 44. At all times mentioned herein, Defendant ROCKY MOUNTAIN FITNESS 26 REPAIR LLC; and DOES 1 through 100, inclusive, expressly and impliedly warranted to the 27 user, Plaintiff Thomas Simpson that pursuant to the Extended Service Plan purchased by Plaintiff 1 Defendant ROCKY MOUNTAIN FITNESS REPAIR, LLC would be completed in a good and 2 workmanlike manner, pursuant to the Express and Implied Warranties for the Repair and 3 Maintenance of the Extended Service Plan to return the subject treadmill to its safe and usable 4 condition to be safe for the use for which it was intended. 5 45. Plaintiff relied on the skill and judgment of Defendants ROCKY MOUTNAIN 6 FITNESS REPAIR, LLC; and DOES 1 through 100, inclusive, and each of them, and on the 7 express and implied warranties of the Defendants, and each of them, as a user of the treadmill; 8 and on the date previously mentioned Plaintiff Thomas Simpson while walking on his Nordic 9 Track Elite 1000 treadmill when an unexpected speed surge caused Plaintiff Thomas Simpson to 10 be thrown from the treadmill striking the moving belt causing a third degree burn when the 11 treadmill was being used in a foreseeably intended manner. 12 46. Defendant ROCKY MOUNTAIN FITNESS REPAIR, LLC, represented that they 13 specialized in the repair, maintenance, and service of Treadmills, including the subject treadmill 14 owned by Plaintiff. Defendants ROCKY MOUNTAIN FITNESS REPAIR, LLC had the duty of 15 reasonable care in the performance of and rendering of their repair and maintenance services to, 16 on, and upon the subject treadmill. Defendants’ negligent performance of their maintenance and 17 repair services on the subject treadmill, which were not of good and workmanlike quality and 18 thereby breached the express and implied warranties of repair and maintenance, resulted in 19 Plaintiff Thomas Simpson sustaining serious injuries, when the subject treadmill had a speed 20 surge incident. Before the subject incident that injured Plaintiff occurred, Defendant ROCKY 21 MOUNTAIN FITNESS REPAIR, LLC undertook the responsibility to perform repair, 22 maintenance, and service to the subject treadmill, including rectifying the speed surge issue that 23 was the subject of Plaintiffs’ previous service calls. Unfortunately, Defendants’ negligent and 24 unworkmanlike servicing of the subject treadmill failed to eliminate or rectify the speed surge 25 issue, and as a direct result of Defendants’ negligence and unworkmanlike repair and 26 maintenance, Plaintiff Thomas Simpson sustained serious injuries when a speed surge occurred 27 while he was actively using the subject treadmill. The unexpected speed surge caused him to fall 1 sustain severe third-degree burns to his body and to suffer great mental and physical pain and 2 suffering. 3 47. As a direct result of the negligence, carelessness, and/or unlawful conduct of 4 Defendant IFIT, INC.; Defendant ROCKY MOUNTAIN FITNESS REPAIR, LLC; and DOES 1 5 through 100, inclusive, the services, including repair and maintenance, to the subject treadmill 6 were performed negligently, carelessly, without due and reasonable care, were not good and 7 workmanlike, and did not eliminate and did not rectify the speed surge issue which resulted in the 8 subject incident that injured Plaintiff Thomas Simpson. 9 48. Said Defendants ROCKY MOUNTAIN FITNESS REPAIR, LLC and DOES 1 10 through 100, inclusive, and each of them, breached the express and implied warranty of repair 11 and maintenance set forth in the Extended Service Plan by failing to competently perform the 12 repair and maintenance service in a good and workmanlike manner. Defendant ROCKY 13 MOUNTIAN FITNESS REPAIR, LLC failed to rectify, fix, correct, and/or repair the condition 14 of the unexpected speed surge that was the subject of the Service Call work provided by Defendant 15 ROCKY MOUNTAIN FITNESS REPAIR, LLC before the subject incident. Due to and as a result 16 of the poor, improper, and unworkmanlike repair and maintenance service provided by Defendant 17 ROCKY MOUNTAIN FITNESS REPAIR, LLC and DOES 1 through 100, inclusive, and each 18 of them, upon normal use by Plaintiff said product injured Plaintiff when an unexpected speed 19 surge occurred, as previously set forth. Defendants, and each of them, have been given notice of 20 said breach of warranties with the filing of this action. 21 49. Plaintiff Thomas Simpson’s resulting injuries have caused and continue to cause 22 him to suffer great physical, mental, emotional, and nervous pain and suffering and mental 23 anguish, all to his general damage in a sum which has yet to be ascertained. Plaintiff Thomas 24 Simpson’s injuries necessitated he receive medical care and treatment for his injuries. Plaintiff 25 Thomas Simpson was compelled to employ and did employ physicians and surgeons to treat and 26 care for his injuries and did necessarily become hospitalized and did necessarily incur and will in 27 the future incur expenses for physicians and surgeons, hospitalizations and hospital facilities, 1 proof at trial. 2 50. As a direct result of the breach of warranty by, and negligence, carelessness, and/or 3 unlawful conduct of Defendants ROCKY MOUNTAIN FITNESS REPAIR, LLC; and DOES 1 4 through 100, inclusive, Plaintiff Thomas Simpson did necessarily incur, and in the future will 5 incur, incidental expenses and damages according to proof at trial. 6 51. As a direct result of the negligence of Defendants ROCKY MOUNTAIN 7 FITNESS REPAIR, LLC; and DOES 1 through 100, inclusive, Plaintiff Thomas Simpson’s 8 injuries prevent him from attending to his usual occupation, and Plaintiff is informed and believes, 9 and thereon alleges, that he will be prevented from attending to his usual occupation for a period 10 in the future thereby sustaining loss of earnings and earning capacity. 11 52. As a proximate result of the breach of said express and implied warranties, Plaintiff 12 Thomas Simpson sustained the injuries and damages previously set forth. 13 14 SIXTH CAUSE OF ACTION BY PLAINTIFF SUE SIMPSON 15 AGAINST DEFENDANTS IFIT, INC.; COSTCO WHOLESALECORPORATION; 16 ROCKY MOUNTAIN FITNESS REPAIR, LLC; and 17 DOES 1 through 100, inclusive, 18 FOR LOSS OF CONSORTIUM 19 53. Plaintiffs incorporates by reference herein paragraphs 1 through 55, inclusive, of 20 this Complaint. 21 54. Plaintiff Sue Simpson is the wife of Plaintiff Thomas Simpson. 22 55. Prior to the injuries suffered by Plaintiff Thomas Simpson, as alleged herein, 23 Plaintiff Thomas Simpson was able to and did perform all marital duties of a husband. 24 56. As a direct legal result of the conduct of Defendants, and each of them, as described 25 above, Plaintiff Thomas Simpson sustained severe and permanent injuries to his person. 26 57. By reason of the injuries suffered by Plaintiff Thomas Simpson, he has been, and 27 will continue to be, unable to perform certain marital duties and Plaintiff Sue Simpson has 1 limited to, a loss of her husband’s comfort, companionship, affection, society, solace and moral 2 support; loss of sexual relations; and loss of his physical assistance in the operation and 3 maintenance of the home in an amount according to proof. 4 WHEREFORE, Plaintiffs pray for judgment against all Defendants, and each of them 5 and DOES 1 through 100, as follows: 6 7 FIRST THROUGH FIFTH CAUSES OF ACTION: 8 1. General damages for injuries to Plaintiff’s mind and body according to proof; 9 2. Medical expenses, both past and future, according to proof; 10 3. Incidental expenses and damages according to proof; 11 4. Interest from the date of accident according to proof; 12 5. For costs of suit incurred; 13 6. This is an action for the breach of an obligation not arising from a contract, and 14 Plaintiff therefore, pursuant to California Code Section 3288, seek interest in the 15 discretion of the jury; and 16 7. For such other and further relief as the Court deems just and proper; 17 / / / / 18 / / / / 19 / / / / 20 / / / / 21 / / / / 22 / / / / 23 / / / / 24 / / / / 25 / / / / 26 / / / / 27 / / / / 1 SIXTH CAUSE OF ACTION 2 1. General damages for loss of consortium according to proof; 3 2. Incidental expenses and damages according to proof. 4 3. Interest from the date of accident according to proof; 5 4. Costs of suit incurred; and 6 5. For such other and further relief as the Court deems just and proper. 8 DATED: September 22, 2024 LAW OFFICE OF BRYMAN & APELIAN 9 A Professional Corporation 10 u By: fo

ANDREW MAN, ESQ.

12 BRENDEN M. NORTON, ESQ. Attorneys for Plaintiffs 13 THOMAS SIMPSON and SUE SIMPSON 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

1 DEMAND FOR JURY TRIAL 2 Plaintiffs, Thomas Simpson and Sue Simpson, hereby demand Trial by Jury. 4 || DATED: September 22, 2024 LAW OFFICE OF BRYMAN & APELIAN ; A Professional Corporation

6 By: fo 7 ANDREW MAN, ESQ.

BRENDEN M. NORTON, ESQ.

8 Attorneys for Plaintiffs THOMAS SIMPSON and SUE SIMPSON 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

1 ORDER 2 The Court having reviewed the foregoing Stipulation, and good cause appearing therefore: 3 IT IS HEREBY ORDERED that Plaintiffs are granted leave to amend to file their First 4 || Amended Complaint for Damages, a copy of which is attached hereto as EXHIBIT “A.” 5 IT IS ALSO ORDERED that Defendants’ responsive pleading shall be due thirty (30) 6 || days after the First Amended Complaint for Damages is filed. 7 IT IS FURTHER ORDERED that counsel is directed to e-file the First Amended 8 || Complaint for Damages on the docket as a stand-alone filing. 10 PURSUANT TO THE STIPULATION IT IS SO ORDERED. 1] 12 || DATED: 9/30/2025 Appel 3 bl_)) 3 Hon. Haywood S. Gilliam, Jr. United States District Court Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ka