Miami Partner Andrew Schindler obtained summary judgment of a negligence claim on behalf of a national owner and operator of high-end health clubs.
The plaintiff was a former employee of the client who was injured while participating as an off-the-clock volunteer in a demonstration massage in the lobby of the health club’s newest Florida location in downtown Miami’s Brickell neighborhood. The massage table had an alleged defective design that caused the table to fall forward while the client’s employee performed a demonstration massage on the plaintiff. The plaintiff filed a workers’ compensation claim and received benefits. The plaintiff then filed suit in Miami-Dade County Circuit Court alleging negligence against the client.
The firm moved for summary judgment on grounds of workers’ compensation immunity and estoppel based on the plaintiff’s active pursuit and receipt of workers’ compensation benefits. The court granted summary judgment in favor of the defendant.