Fitness club sued for not warning of ice accumulation

Michelle Massey, East Texas Bureau Nov. 17, 2010, 3:12pm

SHERMAN-A fitness club member has filed a lawsuit alleging the club failed to warn her of the accumulated ice on the sidewalks.

Carol Diane Thompson filed suit against 24 Hour Fitness USA Inc. and Cricq Plano Trust on Sept. 24 in Collin County District Court. The defendant removed the case to Eastern District of Texas, Sherman Division on Nov. 8.

The incident occurred in the early morning of Jan. 7 at the defendant's exercise club located on West Park Boulevard in Plano. Thompson states she slipped on ice and hit her head on the pavement. She was taken by ambulance to the hospital in which she was diagnosed with multiple spots on her brain that were bleeding, according to the complaint.

She states the ice that had accumulated due to the club's sprinklers being allowed to run overnight. The defendants are accused of negligently permitting the ground outside the fitness center to become covered with ice, making it slippery, and then failing to warn of the condition.

The defendants are also accused of failing to properly inspect and maintain the area, failing to remove the dangerous condition, failing to maintain the area in a reasonably safe condition and failing to remediate the dangerous condition causing the slip and fall.

Thompson is seeking damages for medical care and expenses, physical pain and suffering, mental anguish, physical impairment, loss of earnings, punitive damages, interest and court costs.

The plaintiff is represented by Jeffrey L. Crouch of Leggett & Clemons in Plano.

U.S. District Judge Richard A. Schell is assigned to the case.

Case No. 4:10-cv-00612

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