New York Partner Obtains Dismissal for Fitness Facility Client

New York Partner Edward M. Fogarty, Jr. secured a defense verdict on liability in favor of our fitness facility client following a trial that lasted one week in the Nassau County Supreme Court.

Plaintiff, a regular gym user, claimed that the elliptical machine she was using at our client’s facility had a structural rod that broke and caused her to fall. As a result, Plaintiff claimed she sustained knee and hip injuries that resulted in four surgical procedures and other medical treatments. Following the incident, Plaintiff filed suit claiming the machine was not properly inspected or maintained, causing her injuries.

At trial, our client’s technical manager testified, and our partner, Ed Fogarty, Jr., was able to establish that the daily equipment inspections performed by our client’s manager were appropriate. Per our client’s technical manager, the inspections that were performed were above and beyond what was required by the equipment manufacturer throughout the three years the machine was in use at our client’s facility without prior incident.

In June 2023, the Nassau County Supreme Court jury returned a unanimous finding that our client was not negligent, and the Court dismissed the case.

Ed’s practice embraces many aspects of insurance defense litigation including more than 30 years of experience handling complex business litigation and Lanham Act cases. He also handles professional malpractice, environmental/toxic tort litigation, civil rights and employment discrimination cases, trucking and general negligence claims, among other matters.