Superior Court Upholds $14.5M Verdict Against Fitness Center
by
Joseph C. Maya on Jul. 19, 2017
Accident & Injury Personal Injury Employment
Summary: A blog post about a case in which a gym employee was not properly trained in working with equipment which resulted in a doctor having a heart attack.
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A Superior Court judge has denied post-trial motions which aimed to set aside a $14.5 million verdict awarded to a Greenwich doctor who suffered a massive stroke after his personal trainer pushed him to exercise too hard on a fitness center’s exercise machine.
The jury found the plaintiff, a doctor, was 25 percent at fault, which brings the payout for him to $10,875,000. When factoring in offer of compromise interest, the plaintiffs’ lawyers say the total award will be about $13 million.
The fitness center located in Greenwich sought to get the judge to set aside the jury’s verdict on various grounds, including that the evidence did not support the verdict as to the foreseeability of plaintiff’s injuries.
The defense attorneys argued that no witness testified at trial that “a stroke was a contemplated risk from exercising” on the rowing machine the trainer had the doctor use, and so there was insufficient evidence to support the jury’s necessary conclusion of foreseeability.
The Superior Court Judge disagreed and upheld the jury’s verdict.
“Plaintiffs adduced substantial evidence in addition to the doctor’s testimony that excessive exercise, especially with bad form, can cause serious injury,” wrote the judge. “Reference material was admitted identifying stroke as a risk of exercise… Evidence was also admitted to the effect that persons inexperienced with the use of rowing machines were especially at risk. Accordingly, the proof at trial adequately supported the jury’s finding of foreseeability as to the type of harm suffered by [plaintiff] at the…facility.”
Plaintiff was 42 years old at the time of the injury in 2011. He hired a personal trainer at the gym. Plaintiff’s lead counsel said the personal trainer had not been trained properly on how to help clients use the equipment, in particular a rowing machine. During Plaintiff’s fifth session with the trainer, the trainer put the resistance setting on the rowing machine all the way up to 10, which is the most difficult setting.
Plaintiff’s counsel said the trainer wanted Plaintiff to do an “explosive pull.” After he did so, his vision blurred and did not feel right. He finally went to Greenwich Hospital later that evening, where he was diagnosed with a right artery dissection, which is a separation of the layers of the artery wall. Before doctors could treat the condition, the artery became obstructed and he suffered a massive stroke. In addition to a brain injury, the stroke caused other permanent injuries and seizures that interfere with his medical practice and enjoyment of life, according to court documents.
Plaintiff later sued the fitness center for negligent training and supervision, and for retaining the personal trainer as an employee. He also sued the trainer individually for negligence. Plaintiff’s wife had filed a loss of consortium claim as well.
“The case is about a big company that doesn’t bother giving their staff the appropriate training on how to use their own gym equipment,” plaintiff’s counsel said following the verdict in late February. “They’re too focused on sales and booking personal training sessions and not focused enough on making sure the training sessions are done safely.”
At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.
Source: CT Law Tribune
