Weber Gallagher Simpson Stapleton Fires & Newby LLP

August 01, 2010 : Brian Calistri Obtains Defense Verdict, as Jury Rejects Claim Alleging Defective Exercise Equipment

Partner Brian Calistri achieved a defense verdict in a jury trial before Judge Riley in Chester County, PA on July 28, 2010.  The suit centered on an allegation that a national fitness center operator utilized unstable and unmoored exercise equipment that tipped over on the plaintiff during dismount.  The plaintiff also contended that the fitness center instructor had failed to provide proper direction on how to use the machine.  The plaintiff suffered an ACL tear as a result of the incident that required surgery and contended ongoing back injuries and physical limitations as a result of the incident which prohibited resuming her prior recreational and social activities.

Although the judge refused to enforce an exculpatory clause the plaintiff had signed prior to joining the fitness center, he did permit the plaintiff to be crossed examined on language in the membership agreement stating she was voluntarily assuming the risk inherent in physical activities and the use of the available exercise equipment.  Three expert witnesses provided videotape trial testimony and six fact witnesses testified at trial.  In addition, Mr. Calistri argued that the machine in question, although extremely lightweight circuit training equipment, was appropriately stable and that the plaintiff was adequately instructed on its proper use.   The jury of eight returned a defense verdict after 10 minutes of deliberation.