An O’Fallon Gold’s Gym removed a customer’s slip and fall lawsuit to federal court after it denied liability in the matter.
Patricia Harter filed her lawsuit on June 10 against Gold’s Gym International Inc.
According to the complaint, Harter claims she fell into an exercise pool while at the O’Fallon Gold’s Gym on May 25. She claims she slipped on a black glass-like surface at the pool’s edge.
As a result, Harter claims she suffered permanent injuries to her left ankle.
The defendant is accused of failing to provide a safe way to enter the water, failing to post adequate notice of the hazardous nature of the tile surface and improperly maintaining the facility, the suit states.
The defendant answered the complaint on Aug. 12 through attorney Michael J. Bedesky of Reed Armstrong Mudge & Morrissey in Edwardsville, denying the allegations.
Gold’s Gym claims the plaintiff was negligent when she failed to enter the pool in a safe manner when she knew of the presence of water in and around the pool, failed to keep a proper lookout for water on the tile and failed to approach the pool in such a manner as to keep her balance when standing or stepping upon water located adjacent to the pool.
Golds Gym also argues the plaintiff’s claims are barred by a release Harter executed for her membership at the gym.
Days later, Gold’s Gym filed a notice of removal to the U.S. District Court for the Southern District of Illinois on Aug. 17. The defendant argues that diversity of citizenship and the amount in controversy makes dismissal appropriate.
The plaintiff seeks more than $50,000, plus attorneys’ fees and costs.
Harter is represented by Todd Harter Fleming of The Law Firm of Fleming & Ulkus in O’Fallon.
St. Clair County Circuit Court case number 15-L-382
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