Gordon Rees Scully Mansukhani Partners Donald Derrico and Jason Scott and Associate Hannah Conlon obtained a unanimous defense verdict following a jury trial in Westchester County involving a catastrophic injury claim against the firm’s client.
The plaintiff, a 58-year-old woman, suffered a seizure while running on a treadmill and was propelled off the back of the machine, sustaining a severe head injury that required a craniotomy and resulted in permanent brain damage. She alleged that the gym’s flooring, which consisted of carpet adhered directly to a concrete floor, created a dangerous condition. The plaintiff argued that padding beneath the carpet and/or rubberized flooring around the treadmill would have reduced the risk of serious injury from a foreseeable fall.
At trial, the GRSM team argued that there is no applicable industry standard or manufacturer recommendation which mandates padding beneath the carpet or rubberized flooring near a treadmill. The plaintiff’s expert testified that other gyms use such flooring as a safety measure and that it would have prevented the plaintiff’s injuries. Conversely, GRSM’s expert testified that padding under the carpet and/or rubberized flooring would not have prevented the injury, that there is no industry standard which mandates either, and that there is an assumption of risk while using a treadmill.
The plaintiff demanded $4.5 million, and GRSM’s client made no settlement offer. After approximately 90 minutes of deliberation, the jury returned a unanimous defense verdict in favor of GRSM’s client.
The result reflects GRSM’s continued success defending high-exposure premises liability matters through trial.