Are you kidding me? What a joke of a defense!!! According to a news article in the Austin American Statesman www.statesman.com/news/local/fitness-company-sues-mother-of-drowned-boy-552390.html. The Fitness giant has sued the mother of Colin Holst and two of her friends for fraud and tresspassing as well as breach of contract. The article states that Life Time Fitness has a clause in their contract that prevents injured guests from recovering any damages for their injuries sustained at the fitness club. These ladies are being asked to pay all court cost and attorney’s fees associated from the law suit filed by the Holst family on behalf of their son, Colin Holst who tragically drowned there in 2009.
I personally know these people, the Holsts, and they are anything but frauds. They are outstanding people and family oriented. This loss has affected them in ways unimaginable to most. They have started a foundation in their son’s name to help prevent future child drownings. These are good people. The defense is making a huge mistake in playing this smoke and mirror tactic. I have been doing lots of pool cases representing folks like the Holsts. In the last two years I have and currently have represented drowning victims in over 15 drowning incidents against resorts, apartment complexes, and hotels for unsafe swimming pools and lack of attentive lifeguards. This is the first time I have ever seen something so outrageous. This is not a wise move and will only infuriate a jury panel. There are other ways to defend a case with merit and tact. This is not one of them.
If I were lifetime fitness, I would be shouting at my lawyers for employing such a dangerous tactic that is baseless and without true merit in my opinion. As I mentioned in my blog regarding this drowning, my prayers continue to go out to the family. They have suffered a loss that is never going to be forgotten.