Case 1:18-cv-00047-WJM-KMT Document 7 Filed 01/08/18 USDC Colorado Page 1 of 3

DATE FILED: January 3, 2018 2:10 PM

DISTRICT COURT, EL PASO COUNTY, COLORADO FILING ID: D3ED2F0F62AB1
Court Address: 270 S Tejon, Colorado Springs, CO 80903
CASE NUMBER: 2017CV33021
Mailing Address: P.O. Box 2980, Colorado Springs, CO
80901
Phone Number: 719-452-5000
____________________________________________________________
Plaintiff:
ANNEMICHELLE JOHNSON

v.

Defendant:
GOLD’S GYM ROCKIES, LLC, a Delaware Limited
Liability Company ▲ COURT USE ONLY ▲

J.C. Martin III

Attorney for Plaintiff Case No. 17CV33021
723 South Cascade Avenue
Colorado Springs, CO 80903
Phone Number: 719-578-5455 Div.: 16
FAX Number: 719-578-0100 Courtroom:
E-mail: pit@pit-law.com
Atty. Reg. #: 14659

FIRST AMENDED COMPLAINT

COMES NOW AnneMichelle Johnson (“Plaintiff”), by and through her attorney,

J.C. Martin III, for her First Amended Complaint against Gold’s Gym Rockies, LLC, a
Delaware Limited Liability Company (“Defendant”), alleges and avers as follows:

FACTUAL ALLEGATIONS

1. All incidents giving rise to this cause of action occurred within the City of
Colorado Springs, El Paso County, State of Colorado. As such, pursuant to the
Colorado Rules of Civil Procedure, jurisdiction and venue are proper in El Paso County,
Colorado.

2. Plaintiff is a resident and citizen of the State of Colorado with her principal
residence located at 2116 North Tejon Street, Colorado Springs, Colorado 80907.

3. Gold’s Gym Rockies, LLC. is a Delaware Limited Liability Company licensed to

do business in the State of Colorado as “Gold’s Gym”.

EXHIBIT F PAGE 1 OF 3
Case 1:18-cv-00047-WJM-KMT Document 7 Filed 01/08/18 USDC Colorado Page 2 of 3

4. The subject matter of this civil action involves a broken seated rowing machine
located at Gold’s Gym where Plaintiff holds a membership.

5. Defendant Gold’s Gym Rockies, LLC is a “landowner” pursuant to C.R.S. § 13-

21-115(1), Actions against Landowners, because it is the entity legally responsible for
the activities conducted at and in the gym.

6. On or about January 5, 2016, at the Rustic Hills Gold’s Gym in Colorado Springs,
Plaintiff Johnson was doing circuits at the four station lat pull down machines, doing
three reps of twelve with rest intervals in between for approximately twelve minutes.

7. Plaintiff Johnson then went over to the seated cable rowing machine, selected
sixty pounds of weight, sat down and forcibly pulled on the cable to begin her rowing
workout when she felt a pop in her lower back when the weights did not move. She
reduced the weight to forty pounds, tried to pull it vigorously again, and the weights
again did not move. The pin was properly placed both times.

8. Shortly after this, a Gold’s Gym employee came over to the seated cable rowing
machine and told Plaintiff that the machine was broken and he was there to fix it.
Gold’s Gym failed to put an “Out of Order” sign on this broken machine, and failed to
warn its patrons in any way of the danger of this broken seated cable rowing machine.

9. Plaintiff suffered a posterior broad-based disk bulge at L3-4, posterior broad-

based disk herniation with a central inferior extruded disk fragment at L4-5, with
herniated disk material causing severe central canal stenosis and lateral recessed
stenosis with impingement on the descending right and left L5 nerve root and the later
recess with bilateral foraminal narrowing without foraminal nerve root impingement,
requiring surgery. These injuries required surgery on April 14, 2016.

FIRST CLAIM FOR RELIEF

PREMISES LIABILITY (INVITEE)

10. Plaintiff hereby re-alleges and incorporates herein, the foregoing allegations set
forth in paragraphs 1 through 9 above.

11. At all times pertinent hereto, Defendant Gold’s Gym Rockies, LLC was a
Delaware Limited Liability Company licensed to do business in the State of Colorado
which exclusively managed, maintained and operated the Gold’s Gym at Rustic Hills in
the City of Colorado Springs.

12. That on or about January 5, 2016, Plaintiff Johnson had a membership to Gold’s
Gym and visited on a regular basis.

EXHIBIT F PAGE 2 OF 3
Case 1:18-cv-00047-WJM-KMT Document 7 Filed 01/08/18 USDC Colorado Page 3 of 3

13. Plaintiff Johnson was an invitee pursuant to C.R.S. § 13-21-115(5)(a), and

Defendant Gold’s Gym Rockies, LLC had a duty pursuant to C.R.S. § 13-21-115(3)(c)(I)
to exercise reasonable care to protect Plaintiff Johnson against dangers which were
known or should have been known, to include putting “out of order” signs or other notice
on malfunctioning machines. This failure caused severe, debilitating and permanent
injuries to Plaintiff Johnson.

14. Defendant Gold’s Gym Rockies, LLC had actual knowledge, or should have
known, about the danger presented on the property by the broken cable rowing
machine and the failure to warn the public about this danger was a cause of the injuries
of Plaintiff Johnson, who tried to use the broken cable rowing machine and injured her
back, necessitating surgery.

15. That as a direct and proximate result of this failure to protect by Defendant Gold’s
Gym Rockies, LLC, Plaintiff Johnson has suffered serious injuries necessitating surgery
on her back requiring medical, surgical and rehabilitative treatment.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff, AnneMichelle Johnson requests this Court to enter

Judgment for Plaintiff and against Defendant Gold’s Gym Rockies, LLC in an amount to
be determined at the time of trial. Additionally, Plaintiff requests this Court to enter
Judgment for Plaintiff and against Defendant, for interest as provided by law, Court
costs, reasonable attorney’s fees, expert witness fees and such other relief as this Court
may deem just and proper.

PLAINTIFF REQUESTS A TRIAL BY JURY.

Respectfully submitted this 3rd day of January, 2018.

/s/ Original signature on file at the office of:

J.C. Martin III, #14659
Attorney for Plaintiff

Plaintiff’s Address:

2116 North Tejon Street

Colorado Springs, CO 80907

EXHIBIT F PAGE 3 OF 3