Dynamic Fitness Management, Ltd. Missouri Cases

Melissa Moody sued Dynamic Fitness Management Ltd. for negligence after suffering a herniated disc during a weightlifting class. A jury found Dynamic 30% at fault and awarded Moody $300,000. Dynamic appealed the judgment, arguing the circuit court erred in denying its motions for directed verdict and new trial, and in allowing adverse inference admissions. The Supreme Court of Missouri affirmed, concluding Dynamic failed to preserve most of its claims of error by not filing a JNOV motion or making contemporaneous objections, and its argument regarding the verdict director lacked merit.

Melissa Moody sued Dynamic Fitness Management, Ltd. (DFM) for negligence after she sustained a herniated disc while performing a push press during a group weightlifting class. A jury found DFM 30% at fault, awarding Moody $1 million in damages. DFM appealed, arguing that Moody's claim was barred by the doctrine of implied primary assumption of the risk. The appellate court reversed the judgment, holding that the risk of injury was inherent to the activity and known to Moody, and DFM did not increase that inherent risk.