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DEFENDANT’S Premises Liability – Negligent Maintenance – Alleged negligent maintenance of treadmill – Fall from treadmill – Fractured humerus – Rotator cuff tear – Aggravation of knee condition.

Orange County, FL

The plaintiff was a female, in her 80s, who fell from one of the treadmills at the defendant’s fitness center. The plaintiff alleged that the fall resulted from the defendant’s negligence in failing to properly maintain the treadmill. The defendant argued that the treadmill was not dangerous and operated as intended.

The plaintiff alleged that the defendant’s treadmill was defective, that the defendant failed to maintain it and that there were no written procedures or guidelines for maintenance or guest safety. The plaintiff claimed a fractured humerus, a partial tear of the rotator cuff and an aggravation of a right knee replacement as a result of the fall. The plaintiff presented $________ in past medical expenses and requested $________ in compensatory damages.

The trial was complicated by the fact that the defendant fitness center had closed, its records were mixed together in a storage facility and the treadmill had been sold. In addition, the defendant’s operations manager had moved and was not located until the day before trial. The defendant’s fitness equipment expert testified that he examined the treadmill in question, which was located in Georgia. The defendant’s expert testified that he found the machine to be in perfect working order. Moreover, the defense argued that contact with the treadmill manufacturer revealed that the treadmill was still under warranty.After a three day trial, the jury found no negligence on the part of the defendant.

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