Honeycutt v. Meridian Sports Club, LLC

In Honeycutt v. Meridian Sports Club, LLC (2014) 231 Cal.App.4th 251, the plaintiff sued a sports club for a knee injury she sustained while attempting a kicking maneuver in a kickboxing class taught by a personal trainer. (Id. at pp. 254-255.) The trainer attempted to correct the plaintiff's form by holding her kicking leg while he instructed her how to pivot her planted leg. (Ibid.) To support her claim that the defendant was grossly negligent, the plaintiff presented an expert declaration asserting that "an instructor should not touch the student, and instead should demonstrate and verbalize the maneuver and regress to an easier maneuver if the kick was too difficult for the student's skills." (Id. at p. 259.) On appeal from summary judgment in the defendant's favor, the Court of Appeal reasoned that there was no triable issue of fact as to gross negligence because "a mere difference of opinion as to how a student should be instructed does not constitute evidence of gross negligence." (Id. at p. 260.)