The son and two daughters of a man who had a heart attack while working out at a Studio City gym are suing the business, alleging their father would not have died had there been an automatic external defibrillator on hand as required by law.
Michael, Lauren and Rachel Palotay, the children of Marc Palotay, filed the lawsuit Monday in Los Angeles Superior Court against Studio City Fitness Gym, alleging negligence and wrongful death and seeking unspecified damages.
Sean Bernig, a manager at the gym, told City News Service that the studio had an AED when Marc Palotay had his heart attack. However, he said the man was working out with a trainer, who was an independent contractor and was responsible for getting him help. He also said Palotay agreed to a waiver of liability on the part of Studio City Fitness Gym when he signed a contract with the business.
According to the lawsuit, Palotay was exercising at about 6:30 a.m. March 20 when he went into cardiac arrest at the gym, which did not have an AED device present or personnel trained in the use of the device. He did not receive defibrillation until emergency personnel arrived, the suit states.
“As a result of Studio City Fitness Gym’s negligent failure …. Marc Palotay’s minor heart attack became fatal,” the suit alleges.
Health studios statewide have been required since July 2007 to have an AED available and to have personnel trained in its use, according to the complaint.
— City News Service