STUDIO CITY, LOS ANGELES (KABC) -- The family of a Hollywood executive, who died while working out in Studio City, is taking the gym to court.
Marc Palotay's family said he loved life and was always up for an adventure. His three children say the 65-year-old would be alive today if the gym where he died had an automatic external defibrillator, or AED, as required by state law.
"Unfortunately the gym, where he trained three or four mornings a week to stay healthy, they chose to put profits over safety and not buy this simple device that likely would have saved his life," attorney Spencer Lucas said.
Palotay suffered a heart attack at the gym while he was working out.
His son and two daughters are now suing Studio City Fitness Gym for negligence and wrongful death.
The lawsuit claims the gym did not have an AED present or have personnel trained to use the device.
The gym's owner would not comment on the suit, but a gym manager told City News Service that they did have an AED when Palotay had his heart attack, but that he was working with a trainer who was an independent contractor. His trainer was responsible for getting him help, the manager said.
The manager also said Palotay had agreed to a waiver of liability when he signed a contract with the gym.
"I think the Studio City Fitness Gym should own up to their responsibility, and they should start following the law in the state of California and equip their facilities with AEDs so this tragedy doesn't happen again," Lucas said.
Palotay's family is seeking unspecified damages and is hoping that sharing their tragedy will save others.