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$________ Defective design of stationary bike - Negligent failure to provide instructions regarding use of bike - Handlebars detach as plaintiff is participating in exercise class - Severe laceration to knee - Knee scarring and discomfort at site of scar.

Monmouth County

The 25-year-old plaintiff, who was participating in an exercise class at the defendant club, contended that he was instructed to pedal while and as he began to comply, the handlebars suddenly detached from the frame, resulting in his falling.

The plaintiff contended that the bike, manufactured by the co- defendant, was defective because it did not contain an adequate locking mechanism for the handlebars. The plaintiff contended that the bike was equipped with a lock pin which could be inserted into one of six holes on the stem of the bars. The plaintiff, who was very tall, contended he adjusted the bars to its highest setting and although it felt secure to use for a 30 minute exercise class, he was unaware that the lower stem was merely resting on the lock pin, not secured by it. The plaintiff maintained that after peddling while standing for a short period, the incident occurred.

The plaintiff further contended that the club was negligent in failing to become sufficiently familiar with the recently obtained equipment and in failing to give appropriate instructions to the plaintiff. The plaintiff also included a negligence count against the manufacturer, contending that this defendant, which provided an instruction course that was to be given to the club’s employees when they purchased the equipment, negligently left the safety portion for the final sessions of the course, which had yet to be taught as of the time of the accident.

The defendant manufacturer contended that the product was p 7 3 appropriately designed and the defendants contended that appropriate instructions were given. The defendants also contended that the plaintiff was comparatively negligent.

The plaintiff maintained that he suffered a severe gash in his knee, required stitches and that the scar and the discomfort in the area of the scar will remain permanently unless surgery is performed.

The jury found the defendant manufacturer 50% liable under the Products Liability count, the manufacturer 25% negligent under the negligence count and the club 25% negligent. They then awarded $________.

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