On Jan. 26, 2010, plaintiff Assaf Blecher, 38, a member of the 24 Hour Fitness facility, was participating in a personal training session with his trainer, David Stevens, an employee of the gym, when the trainer dropped a 145-pound barbell on Blecher’s face. Blecher sued Stevens and 24 Hour Fitness USA Inc. He alleged that Stevens was grossly negligent in the handling of the barbell, and that the fitness facility was liable for trainer’s actions and for negligently training Stevens. Plaintiff’s counsel contended that Stevens’ actions constituted gross negligence by failing to follow safety procedures that were the standard in the fitness industry, such as gripping the barbell in the proper manner, undertaking spotting responsibilities for weight that was heavier than he could handle at the time, and failing to seek assistance once he recognized Blecher’s exhaustion. Counsel also contended that the fitness center was grossly negligent in its failure to properly educate its trainers on safety techniques that could have prevented or minimized the risk of injury. Defense counsel argued that the neither the actions of Stevens nor 24 Hour Fitness constituted gross negligence, and that Blecher assumed the risks associated with the activities. Counsel also argued that Blecher was at least partially negligent for the accident because he did not hang onto the bar. Defense counsel moved for summary judgment based on the signed liability waiver that is contained within the membership agreement. Plaintiff’s counsel opposed the motion by alleging that the actions of the trainer and the club constituted gross negligence, which would be outside the scope of the release, per City of Santa Barbara v. Superior Court (2007) 41 Cal.4th 747,758. The court ultimately denied the defense counsel’s motion., Blecher sustained nasal fractures and cheek bone fractures, and was subsequently transported to a hospital, where an emergency plastic surgery was performed. It was also determined that Blecher suffered nerve damage to the infra orbital nerve as a result of the facial fractures and he ultimately developed a temporomandibular joint disorder. Blecher claimed that the nerve damage caused a permanent loss of sensation to part of his face.