An Alton fitness center argues that it is not liable for the death of a patron who allegedly suffered injuries while using the facility’s hot tub.
Plaintiff Julie Stamper, as special administrator of the estate of Louis Stamper, filed an amended complaint on July 8 against Metro Sports Inc. - Twin River Services Ltd. The original complaint was filed Aug. 22, 2016.
According to the complaint, Louis Stamper was at Metro Sports in Alton on Nov. 30, 2015. While at the fitness facility, the decedent used the hot tub/jacuzzi “when excessive water temperature resulted in his death.”
“That at the date, time and place alleged, it was generally known and accepted in defendant’s industry that the temperature of the water in a hot tub should never be higher than a certain degree and that higher water temperatures were dangerous to the health of the hot tub user,” the suit states.
The plaintiff alleges the controls regulating the temperature of the hot tub were kept in a locked utility room, meaning the defendant had exclusive control of the water temperature.
The suit states that Metro Sports breached its duty of care to Louis Stamper by failing to properly maintain its hot tub, failing to supervise the hot tub, failing to properly maintain the hot tub thermostat, failing to have adequate staff or supervisory personnel on duty, permitting the hot tub to have an excessive temperature and failing to warn patrons of the excessive hot tub temperatures.
Louis Stamper allegedly suffered injuries resulting in his death.
Metro Sports answered the complaint on July 27 through attorney Kevin Clark of Litchfield Cavo LLP in St. Louis. The defendant denies having exclusive control of the heater.
In its affirmative defenses, the defendant argues that Louis Stamper contributed to his alleged injuries by voluntarily remaining in the hot tub when he knew the temperature was too high for safe use, failing to consult a physician prior to using the hot tub, using the hot tub under the influence of medication, using the hot tub alone, spending more than 15 minutes in the hot tub and allegedly turning up the temperature dial.
The defendant also alleges Louis Stamper assumed the risk of injury by disregarding the warnings posted.
Further, Metro Sports argues that Louis Stamper’s death was the result of natural causes.
Julie Stamper responded to Metro Sports’ affirmative defenses on July 29 through attorney Edward Szewczyk of Pratt & Tobin in East Alton.
She denies each and every allegation.
The plaintiff seeks a judgment in her favor in excess of $50,000, plus costs.
Madison County Circuit Court case number 16-L-1181