Brown Sims Obtains Full Summary Judgment for Fitness Company in Pool Incident Case

Brown Sims attorneys Nelson Skyler, Jamie Beller, and Govindi Pearce secured a full summary judgment for the firm’s client, a major national fitness company, in the U.S. District Court for the Eastern District of Texas, Sherman Division.
 
The case was a wrongful death lawsuit arising from an incident at a fitness club pool. Plaintiffs alleged the club was liable for failing to activate its internal emergency protocol and to use an AED. U.S. District Judge Amos L. Mazzant III granted summary judgment on every claim, including negligence, negligence per se, gross negligence, and premises liability, and entered a take-nothing judgment dismissing the case with prejudice.
 
The court’s opinion includes two holdings of note for Texas businesses that are open to the public:
 
First, under Texas law, a business’s duty to an ill or injured invitee is to provide basic first aid and promptly summon medical help. That duty does not extend to administering CPR or using an AED. The court followed the Fifth Circuit’s affirmance in Potter v. 24 Hour Fitness and similar decisions from courts across the country.
 
Second, a company’s internal safety policies do not create a legal duty or set the standard of care. The court recognized that a contrary rule would penalize businesses that choose to train employees and adopt safety practices beyond what the law requires.
 
Congratulations to the team on an excellent result for our client.