Plaintiff, a 41-year-old police officer, was exercising at defendant's gym when he was hit in the face by an adjacent piece of equipment, being used by another gym member. The two pieces of equipment were 16 inches apart, which is in violation of industry standards. Furthermore, plaintiff claimed that the gym had received other complaints regarding the proximity of the two machines. The defense counsel contended that plaintiff was comparatively negligent by failing to make observations. Plaintiff suffered a right eye orbital fracture, that has left him with a permanent eye injury.
VERDICT: $3 million. Sidebar: The jury determined that the gym's negligence was the sole cause of the plaintiff's injuries and did not apportion any percentage of fault to plaintiff.
Patrick Fay v. TSI Matawan, LLC, et. al. (Monmouth County, New Jersey, Case no. MON-L-2496-07).
