Northern California Record

Thursday, November 21, 2019

Wheelchair user seeks damages after fall at In-Shape Health Clubs


By Noddy A. Fernandez | Nov 9, 2018

Wheelchair 06

STOCKTON – A family is seeking damages from a Yuba City health club after a wheelchair user fell while working out at the club.

John Leo Kelsey, Barbra Kelsey and Grayson Furmidge filed a complaint on Oct. 30 in the San Joaquin Superior Court against In-Shape Health Clubs LLC and Does 1 to 35 alleging negligence.

According to the complaint, in June 2017, Barbra Kelsey went to defendant's fitness club to enroll her husband, John Kelsey, for a personal training program to help him become more physically mobile. The suit states John Kelsey uses a wheelchair and his wife told the defendant that the goal of him working out at the defendant's facility was to help him transfer in and out of his wheelchair.

The suit states on July 19, 2017, John Kelsey was working out with defendant's guidance and supervision. He alleges a trainer instructed him to get out of his wheelchair and stand while holding onto a bar and as the trainer pulled him up, he fell face first, striking his face and knees on the ground.

The plaintiffs hold In-Shape Health Clubs LLC responsible because the defendant allegedly breached its duty of care.

The plaintiffs request a trial by jury and seek judgment for compensatory damages in the amount according to proof. They are represented by Roberto Marquez of Law Offices of Roberto Marquez in Marysville.

San Joaquin Superior Court case number STK-CV-UPI-2018-0013605

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San Joaquin Superior CourtLaw Offices of Roberto Marquez

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