I've got only a couple of things to say about this case. Which holds that primary assumption of the risk doctrine bars personal injury claims brought against a personal trainer for injuries incurred when his patron works out too hard and has a heart attack. Two things. That's all.
First, how sad for Masood Rostal. Jared Shoultz is shopping in Rostal's furniture store, Rostal sees him, and Rostal says to Shoultz "I want to look like you" (i.e., buff and fit). So Shoultz says that he's a physical trainer and that Rostal should hire him, which Rostal does. Then Rostal goes to his very first workout with Shoultz, at Gold's Gym. It's a 60 minute workout. At the end of which Shoultz has a heart attack.
So not only does Shoultz have a heart attack -- which itself sucks -- but now he's also got a published opinion that will reflect for all eternity just how out of shape Shoultz was, and how he had a heart attack at the end of a 60-minute workout. Sad.
Second, I admit that I haven't ever hired a personal trainer, and don't exactly know what precisely they do, but if this opinion is any guide, I'm not particularly impressed. When Shoultz tells Rostal that he's really tired and out of breath -- remember, Shoultz is starting to have a heart attack -- Rostal allegedly responds: "Don't be a pussy." What motivation! Rostel then follows up by ordering Shoultz to drop and hive him 10 sit-ups, which Shoultz does. But, shortly thereafter, Shoultz says: Look, I'm really, really tired, and out of breath. I have to stop. At which point Rostel reportedly points to a nearby woman and says to Shoultz: "Come on, don't you want to get some of this ass?"
For this I'm paying $50 (or whatever) an hour? Maybe that's what really gave Shoultz the heart attack.
