Manning Kass Team Prevails in Action Against Spartan Race Training Facility

Founding Partner Anthony J. Ellrod and Orange County Associate Esteban Ortiz recently secured summary judgment on behalf of a fitness facility offering training for the Spartan Race, in which participants navigate obstacle courses while covered in mud. The plaintiff, a seasoned Spartan athlete and instructor, sustained injuries after falling from standard gymnastic rings when she lost her grip due to mud and sweat. Although Plaintiff acknowledged that falling from the rings was an inherent risk of the sport, she alleged our client increased the risk by failing to provide chalk or towels, inadequately instructing participants, overcrowding the class, understaffing instructors, and rushing participants through the course.

Our team moved for summary judgment, arguing Plaintiff’s claims were barred as there was a clear assumption of risk. The Court agreed, holding that while the facility had a duty not to increase the inherent risks of the activity, it had no obligation to make training safer via chalk or towels. It further explained that Plaintiff had failed to establish a connection between the other alleged deficiencies and her injuries, noting there was no evidence that additional instructions or fewer participants would have prevented the fall.

The Court also rejected Plaintiff’s gross negligence claim, which required proof of an extreme departure from the ordinary standard of conduct, finding that our client had adequately presented evidence of regular inspections of equipment and a lack of prior complaints. The Court ultimately granted summary judgment in favor of our client.

About Our Team

Anthony J. Ellrod is the leader of the Business Litigation, Corporate and Commercial Transactions, Intellectual Property, and Sports, Recreation, and Attractions Law teams, and is a member of the Land Use team. He holds an AV Preeminent® rating from Martindale-Hubbell, and is an Associate of the American Board of Trial Advocates (ABOTA). He was named a 2012-2019 Top Business Litigation Attorney by Pasadena Magazine, as well as a 2005–2010, 2016-2026 Super Lawyer, and a 2009-2010 Super Lawyer – Business Edition.

Esteban Ortiz is a member of the Business Litigation, Employment, Intellectual Property, Premises Liability, and Sports, Recreation, and Attractions Law teams. He received his Juris Doctor from the University of San Francisco School of Law, where he was awarded the Zief Scholarship, the Blum Foundation Scholarship, and the Pro Bono Gold Award. Prior to joining the firm, Mr. Ortiz gained broad experience in litigation, employment, and business law through his work at major law firms and government entities.