A pregnant woman who was allegedly videotaped by a Life Time Fitness employee while she was showering has filed suit against the employee and Life Time Fitness Inc., Chanhassen, Minnesota.
The attorneys for the woman, Kristen Roth, filed the suit in El Paso County District Court on March 18 for the alleged incident that occurred at the Life Time Fitness on Royal Pine Drive in Colorado Springs, Colorado. The male employee accused of videotaping Roth on Dec. 27, 2015, is listed as John Doe in the 11-page complaint obtained by Club Industry. The complaint states that Life Time Fitness has refused to give the name of the employee to the plaintiff, instead only sharing that his employment with the company was terminated.
Roth's suit seeks relief on five claims: invasion of privacy against the employee, intentional infliction of emotional distress against the employee, negligence against the employee, negligence against Life Time Fitness, and respondeat superior liability against Life Time Fitness. The suit requests a jury trial and a judgment in an amount to be determined at trial together with costs, reasonable attorney fees, pre-judgment interest and other damages the court deems just and proper.
Roth and her husband, Richard Gallion, were working out at the facility between midnight and 2 a.m. on the night of the incident, according to the complaint. Roth was in the pool when she noticed the accused employee allegedly walked through the aquatic area multiple times, according to the complaint.
The alleged videotaping incident occurred in the family locker room, which is a rectangular room containing a number of lockable private rooms equipped with showers and changing areas, according to the complaint. As Roth was using one of the private rooms, her husband entered the family locker room area to check on her and allegedly discovered the employee crouched in front of one of the private rooms, holding what appeared to be a smartphone under the approximately one- to three-inch gap below the locked door Roth was showering behind, according to the complaint.
Gallion allegedly confronted the employee, and a conversation at the front desk followed. During the alleged conversation, which was held in the presence of other Life Time managers and employees, the accused employee allegedly said, "I wasn't looking at anything. I was just looking at her feet," according to the complaint.
Gallion, who recorded a portion of that conversation on his phone, then left the club with Roth and advised the employees present that he expected the situation to be handled "appropriately," according to the complaint. Both Roth and Gallion later learned that the police were not called and the accused employee was able to leave the club with his phone, according to the complaint.
The employee who allegedly taped Roth was terminated as an employee of the club, according to the complaint. Life Time Fitness allegedly declined to provide Roth with information on the employee, but suggested it would cooperate with police in the event of an investigation, according to the complaint. Some managers and employees at the club allegedly admitted the incident never should have happened, according to the complaint.
Life Time Fitness has not filed an answer to Roth's complaint in El Paso County Court as of Monday. A request to Life Time Fitness seeking comment on this case was not immediately returned Monday.