Dovan v. Fitness
Plaintiff Christine Dovan alleged she suffered third-degree burns down to the bone on her right leg and alleged PTSD and depression after losing consciousness in a sauna at defendant’s health club. She sued for negligence, and her husband, Bao Dovan, sued for loss of consortium.
Defendant’s motions for summary judgment were denied.
At trial, plaintiffs alleged that defendant should have conducted 20- to 30-minute safety inspections of the sauna to look for
patrons who had passed out.
Defendant contended it owed no duty under the primary assumption of risk doctrine and, even if negligent, plaintiffs had signed two express waivers of liability covering negligence claims. Defendant further contended there was no evidence the sauna malfunctioned.
Following seven weeks in trial, the court granted defendant’s motion for directed verdict based on the primary assumption of risk doctrine
