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ROSTAI v. NESTE ENTERPRISES

No. E037544.

41 Cal.Rptr.3d 411 (2006)

138 Cal.App.4th 326

Masood ROSTAI, Plaintiff and Appellant, v. NESTE ENTERPRISES et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division Two.

April 5, 2006.

Attorney(s) appearing for the Case

Nicastro Piscopo Ogrin, Kenneth Dean Ogrin; and Edward J. Haggerty, Rowland Heights, for Plaintiff and Appellant.

Stone & Hiles and David L. Schaffer, Los Angeles, for Defendants and Respondents.

OPINION

McKINSTER, Acting P.J.

In this case we hold that the doctrine of primary assumption of the risk is a complete defense to an action for damages based on the alleged negligence of a personal fitness trainer in failing to investigate the cardiac risk factors of a client as a result of which the client allegedly suffered a heart attack during his first training workout. Masood Rostai, plaintiff and appellant (hereafter plaintiff) sued Neste Enterprises...

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