On Jan. 31, 2016, plaintiff Patricia Ziegler, 71, a retired/freelance human resources director, was walking through Bay Club South Bay, a gym in El Segundo, when she tripped and fell without being able to break her fall. She sustained to her right elbow. Ziegler sued The Bays Clubs Co., LLC (doing business as The Bay Club Co.); Bay Club South Bay, LLC; and Moe Khan. Ziegler alleged that the area constituted a dangerous condition and that the defendants failed to properly repair and/or maintain the condition. Plaintiff’s counsel argued that the defendants violated the California Building Code by placing an electrical wireway across an aisle between the treadmills. Specifically, Ziegler claimed that her foot clipped the top of a metal wireway that was approximately 6 inches wide and 6 inches deep and placed along the front of the treadmills and the spaces between them. She also claimed that the 12 to 18 inch spaces between the treadmills constituted aisles that were frequently traversed by gym members and that the electrical wireway, which contained the treadmills’ electrical wires, interfered with ingress and egress to the treadmills. Ziegler further claimed that the lid of the metal wireway was not secured and had detached from it so that when her foot came down inside the metal wireway, it caused her to lose balance and fall. The plaintiff’s safety expert testified as to an Electrical Code violation. However, after all the evidence was in, including the defense expert’s opinion that there was no Electrical Code violation, the court refused to instruct the jury on the issue of negligence per se based upon the Electrical Code. However, the court did instruct the jury on the issue of negligence per se as to an alleged Building Code violation. Defense counsel argued that the areas on either side of the treadmills were not aisles and were never intended to be aisles and that there was no Building Code violation. Instead, counsel argued that Ziegler failed to exit the treadmill properly and had to turn sideways in order to get through the treadmills in an attempt to take a short cut, instead of using the wide aisles that were provided by the defendants. Defense counsel also argued that Ziegler’s claim was barred by a release agreement, in that Ziegler had signed a waiver, releasing the defendants from any while using the club. However, plaintiff’s counsel countered that the gyms’ liability release agreement was void, as the defendants failed to produce a club membership agreement signed by Ziegler and only produced an agreement signed by Ziegler’s husband, which did not release any of Ziegler’s claims for . According to plaintiff’s counsel, the defendants relied on an allegedly signed one-page document titled “Amendment to Membership Agreement” to claim that Ziegler had waived all claims against them, but the defendants were unable to authenticate the signature on the amendment. Plaintiff’s counsel also contended that the defendants stated they did not know how the signature was collected and that there was no custodian for the record. Ziegler claimed she did not recall signing any such document and that she was not provided with a copy of the document. On the eve of trial, the defendants claimed that the subject signature was captured by “electronic signature,” but plaintiff’s counsel argued that the defendants failed to comply with the requirements for electronic signatures., Ziegler sustained a dislocation and fractures to the proximal radius and distal humerus of her right, dominant elbow. Ziegler was taken to a hospital and underwent open reduction and internal fixation. Ziegler claimed that she is left with limited extension and ongoing pain.