Pryor v. Fitness International, LLC CA2/1
Plaintiff and appellant Valerie Pryor, both in her individual capacity and as a successor in interest to her late husband, Roderick T. Bennett (Pryor), appeals from a judgment sustaining a demurrer to her complaint against Fitness International LLC, dba LA Fitness (LA Fitness), and dismissing it without leave to amend. The complaint alleges that LA Fitness is vicariously liable for Bennett’s death in a fatal car-on-bicycle collision with then-LA Fitness employee James Guidroz. The accident occurred shortly after the company had ordered Guidroz to prematurely end his shift selling health club memberships at an LA Fitness facility, because he appeared to be intoxicated. The complaint also alleges LA Fitness was directly negligent in failing to take safety precautions when it ordered Guidroz to leave the workplace in an impaired state on the day of the accident and, more generally, in failing to address Guidroz’s suspected drug abuse.
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