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INGRAM v. LIFE FITNESS

1592, 107442/10.

140 A.D.3d 628 (2016)

33 N.Y.S.3d 71

2016 NY Slip Op 05085

SHARON INGRAM, Respondent, v. LIFE FITNESS, a Division of BRUNSWICK CORPORATION, et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 28, 2016.

The negligence claim is barred as a matter of law by the doctrine of primary assumption of the risk (see Morgan v State of New York, 90 N.Y.2d 471, 484 [1997]). Plaintiff's testimony established that she was a longtime user of treadmills, that she used defendant Town Sports International Holdings, Inc.'s sports club five times a week after joining it, that she had several times seen other club members jump off treadmills that were...

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