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$________ – Personal Trainer Negligence – Fitness Health Club Negligence – Validity of waiver – Plaintiff gym patron suffers injuries while exercising with personal trainer – Fractures to hip and wrist while using Bosu Ball platform

New Haven County, CT

In this negligence matter, the plaintiff alleged that the defendants, a personal trainer and fitness center, were liable for injuries sustained by the plaintiff when she was catapulted from a Bosu Ball platform, which was specifically not intended to be used in that manner. The defendants denied the allegations, and maintained that the use of the equipment came with risks.

The 62-year-old female plaintiff was a member of the defendant fitness club and hired its head trainer, the co-defendant, to assist her in exercising. On the date of this incident, the plaintiff and the defendant trainer were working with a Bosu Ball, which is an inflatable ball attached to a platform. For the previous sessions, the plaintiff and trainer had used the inflatable portion of the device. On this particular occasion, the device was flipped over, and the defendant instructed the plaintiff to stand on the platform side. She was catapulted into the air by the trainer, and landed on her right side. She suffered fractures to her hip and wrist as a result of the incident. The plaintiff alleged that the device came with specific instructions that use of the platform side could cause serious injury or death. The defendant maintained he was unaware of that fact, and had not been trained by the fitness center with regard to the use of the device. The plaintiff brought suit against both the trainer and the fitness center alleging negligence, contending that the waiver she had signed relinquishing her right to seek damages was invalid.

The defendants denied the allegations and disputed liability, supporting that the plaintiff released her ability to sue by executing the waiver. The defendants also disputed the nature and extent of the plaintiff’s injuries and damages.

The plaintiff brought a summary judgment motion on the issue of the waiver. The court ruled in the plaintiff’s favor on the motion.The parties agreed to mediate the plaintiff’s claim for damages following that ruling, and agreed to resolve the plaintiff’s claim for the sum of $________ in a settlement agreement.

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