Appeals Court Affirms that Trainer Assumed the Risk of Injury at Health Club

A New York state appellate court has affirmed the ruling of a lower court, which granted summary judgment to a health club patron/swimmer, who was sued by a personal trainer after the two parties collided in an indoor pool.   Plaintiff Pamela Rueckert was employed by Equinox Gym. On April 23, 2009, she was conducting a training session with a nonparty client in the facility’s pool. Defendant Gail Cohen, who was swimming laps in the same lane as that in which the plaintiff was conducting h