An Alton fitness center alleges a customer should have known the temperature in its hot tub was too high for safe use in a lawsuit alleging the man died after using the hot tub.
Julie Stamper, special administrator of the estate of Louis Stamper, filed the lawsuit on Aug. 22 against Metro Sports Inc. – Twin River Services Ltd.
According to her complaint, the plaintiff claims Louis Stamper was at the defendant’s Alton facility on Nov. 30, 2015, and was using the hot tub/Jacuzzi. The decedent allegedly suffered internal and external injuries that resulted in his death due to excessive water temperature.
Stamper alleges the defendant failed to properly maintain its hot tub/Jacuzzi, failed to have adequate staff on duty and failed to warn patrons of the excessive hot temperature of the water.
Metro Sports answered the complaint on Sept. 23 through attorney Christopher Leritz of Leritz & Plunkert in St. Louis.
The defendant denied the allegations against it and argues that any alleged injuries were the result of Stamper’s own negligence.
In its affirmative defenses, Metro Sports called the condition of the hot tub “open and obvious” and argues that the plaintiff voluntarily remained in the hot tub when he knew or should have known the temperature was too high for safe use.
Stamper responded to the affirmative defenses on Sept. 26 through attorney Gregory Tobin of Pratt & Tobin in East Alton. She denied each and every allegation.
Stamper seeks a judgment of more than $50,000, plus court costs and whatever remedies the court deems just.
Madison County Circuit Court case number 16-L-1181