Judge: Slip-and-fall lawsuit against fitness center can continue

WILMINGTON — A man’s civil lawsuit regarding alleged injuries suffered when slipping in a Dover fitness center’s shower three years ago will continue after a Superior Court ruling Tuesday.

In a 10-page order, a judge determined that while Richard Lambert apparently sued the wrong company initially, he was also misled by Club Fitness during the process and thus entitled to an extended statute of limitations.

“Whether the misleading information was provided intentionally or accidentally, the Court finds that tolling the statute of limitations is appropriate here,” Judge Eric M. Davis wrote when explaining the decision.

Defendant DGYMS LLC had filed a revised motion to dismiss the claim.

According to Mr. Lambert’s allegations, he was hurt while using the gym’s shower in the facility at 650 South Bay Road on March 12, 2015, “contacted the morning manager and filled out an incident report before going to the emergency room.”

Mr. Lambert claimed he did not receive insurance information as promised by the gym, and requested it through his counsel in a letter to Club Fitness on April 27, 2015.

Eventually, according to the opinion, it was learned that Club Fitness was owned by DGYMS, which did not learn of the lawsuit until September 2017.

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