Honeycutt

Honeycutt v. Meridian Sports Club CA2/5

Good Law
179 Cal. Rptr. 3d 473·2014 Cal. App. LEXIS 1015·231 Cal. App. 4th 251
Court of Appeal of CaliforniaOctober 21, 2014B254180California3,144 words

Opinion

Opinion

Kriegler, J.

Plaintiff and appellant Tanya Honeycutt suffered a knee injury during a kickboxing class, while being assisted by an instructor at defendant and respondent Meridian Sports Club, LLC, doing business as Meridian’s Bodies in Motion (Meridian). The trial court granted Meridian’s motion for summary judgment, ruling that Honeycutt had signed a valid waiver of liability, Meridian did not act with gross negligence, and the doctrine of primary assumption of the risk barred relief. In her appeal, Honeycutt argues there are triable issues of material facts regarding whether the instructor’s conduct (1) increased the risk inherent in kickboxing and (2) constituted gross negligence. We affirm.

PROCEDURAL HISTORY

Honeycutt filed a form complaint against Meridian alleging personal injury caused by negligence and gross negligence. Honeycutt alleged she was a guest at Meridian on June 28, 2011. She had never participated in kickboxing, but decided to attend a kickboxing class. The class instructor negligently manipulated Honeycutt causing her knee to snap, resulting in severe physical injury requiring surgery. The instructor’s conduct constituted gross negligence.

Meridian filed a…

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