Gym member gets nearly $893K after barbell fell on face ? Expert ...

Gym member gets nearly $893K after barbell fell on?face

July 16, 2012 at 3:00 pm

Plaintiff claimed trainer dropped barbell on face

Verdict:	(P) $892,650.00
Case Type:	Negligent Training, Recreation ? Gym, Affirmative Defenses ? Assumption of Risk
Case Name:	Assaf Blecher v. 24 Hour Fitness USA Inc. and David Stevens, No. BC433630
Venue:	Superior Court of Los Angeles County, Central, CA
Judge:	Robert L. Hess
Date:	03-28-2012

Plaintiff(s):

Attorney(s):

• Tal Rubin; Law Offices of Tal Rubin; Encino, CA, for Assaf Blecher

Expert(s):

• Rady Rahban M.D.; Plastic Surgery/Reconstructive Surgery; Beverly Hills, CA called by: Tal Rubin
• Kurt Baker C.S.C.S.; Health & Fitness; Los Angeles, CA called by: Tal Rubin
• Steven Graff-Radford D.D.S.; Pain Management; Los Angeles, CA called by: Tal Rubin
• Steven Kupferman M.D., D.M.D.; Oral Surgery; Los Angeles, CA called by: Tal Rubin

Defendant(s):

Attorney(s):

• Jack C. Nick; Prindle, Amaro, Goetz, Hillyard, Barnes & Reinholtz, L.L.P.; Long Beach, CA, for 24 Hour Fitness USA Inc., David Stevens

Expert(s):

• Eric Sternlicht Ph.D.; Health & Fitness; Orange, CA called by: Jack Nick

Facts:

On Jan. 26, 2010, plaintiff Assaf Blecher, 38, a member of the 24 Hour Fitness facility, was participating in a personal training session with his trainer, David Stevens, an employee of the gym, when the trainer dropped a 145-pound barbell on Blecher?s face.

Blecher sued Stevens and 24 Hour Fitness USA Inc. He alleged that Stevens was grossly negligent in the handling of the barbell, and that the fitness facility was liable for trainer?s actions and for negligently training Stevens.

Plaintiff?s counsel contended that Stevens? actions constituted gross negligence by failing to follow safety procedures that were the standard in the fitness industry, such as gripping the barbell in the proper manner, undertaking spotting responsibilities for weight that was heavier than he could handle at the time, and failing to seek assistance once he recognized Blecher?s exhaustion. Counsel also contended that the fitness center was grossly negligent in its failure to properly educate its trainers on safety techniques that could have prevented or minimized the risk of injury.

Defense counsel argued that the neither the actions of Stevens nor 24 Hour Fitness constituted gross negligence, and that Blecher assumed the risks associated with the activities. Counsel also argued that Blecher was at least partially negligent for the accident because he did not hang onto the bar.

Defense counsel moved for summary judgment based on the signed liability waiver that is contained within the membership agreement. Plaintiff?s counsel opposed the motion by alleging that the actions of the trainer and the club constituted gross negligence, which would be outside the scope of the release, per City of Santa Barbara v. Superior Court (2007) 41 Cal.4th 747,758. The court ultimately denied the defense counsel?s motion.

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Injury:

Blecher sustained nasal fractures and cheek bone fractures, and was subsequently transported to a hospital, where an emergency plastic surgery was performed. It was also determined that Blecher suffered nerve damage to the infra orbital nerve as a result of the facial fractures and he ultimately developed a temporomandibular joint disorder.

Blecher claimed that the nerve damage caused a permanent loss of sensation to part of his face.

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Verdict Information:

The jury found that both Stevens and 24 Hour Fitness were negligent, and awarded Blecher $892,650 in damages.

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Assaf Blecher

$142,650 Personal Injury: special damages

$750,000 Personal Injury: general damages

Editor?s Comments:

This report is based on information that was provided by plaintiff?s counsel. Defense counsel did not respond to the reporter?s phone calls.

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Source: http://almexperts.wordpress.com/2012/07/16/gym-member-gets-nearly-893k-after-barbell-fell-on-face/

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