Garza v. Fitness International, LLC
Plaintiff alleged that she was in the women’s locker room when an off-duty aerobics employee came into the locker room, refused to leave while she was naked, and proceeded to record her. A verbal altercation ensued and both plaintiff and the employee recorded videos of the event. The employee then posted his video on his personal social media, and took the post down the next day. The employee was separated from his employment due to the incident.
Plaintiff sued the employee, represented by Lindy Bradley of Bradley, Gmelich + Wellerstein LLP, for invasion of privacy, intentional infliction of emotional distress, negligence. She sued the health club, represented by Yoka | Smith, LLP, for invasion of privacy, intentional infliction of emotional distress, negligence and negligent hiring. At trial, the court granted the health club’s nonsuit as to negligence and negligent hiring.
The jury returned a verdict for both defendants as to all remaining causes of action.