Thomas Simpson and Sue Simpson v. iFIT

Background

Thomas Simpson and Sue Simpson filed a damages action alleging product liability and related claims. The complaint alleged that on June 6, 2024, Thomas Simpson was using a NordicTrack treadmill when it unexpectedly sped up, causing him to fall onto the moving belt and suffer a third-degree burn. Costco Wholesale Corporation removed the action from California state court to the federal district court.

The parties previously filed a stipulation for dismissal without prejudice of NordicTrack, Inc. The plaintiffs then sought permission to file a First Amended Complaint. The proposed amendment would add Rocky Mountain Fitness Repair, LLC as a defendant and allege negligence and breach of warranty for good and workmanlike repair and maintenance services. It would also remove NordicTrack, Inc., which the original case had identified as a defendant under the name Nordic Track.

The proposed amended complaint asserted six causes of action: negligence, strict product liability, negligence-based product liability, breach of express and implied warranties, breach of repair and maintenance warranties, and loss of consortium. These were allegations in the proposed complaint; the order did not decide whether any defendant was liable.

Ruling

Judge Haywood S. Gilliam, Jr. granted the plaintiffs leave to file the First Amended Complaint for Damages. He ordered that the defendants’ responsive pleading would be due 30 days after the amended complaint was filed. He also directed counsel to file the amended complaint as a stand-alone docket filing. The order did not rule on the merits of the plaintiffs’ claims.