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Rory Lubin Obtains Defense Verdict on Behalf of Health Club Chain in Negligence Case

July 28, 2015

Rory Lubin (Partner-White Plains) won a unanimous defense verdict from a Brooklyn jury for the firm’s client, a large health club chain, in a claim by a plaintiff who was injured during an aerobics exercise class. The plaintiff was standing on an aerobics step, which she had been warned not to use, when she claimed she raised her left arm, struck a chain suspended above her and fell back, extending both hands to break her fall. After treatment, both arms were casted from elbow to fingers for several months. Rory centered on attacking the plaintiff’s version of the event and argued that her theory of liability only developed after she retained a lawyer.

In addition to describing how the chains were safely secured, the aerobics instructor testified that she saw the event in a mirrored wall and did not see the plaintiff touch the chains. Moreover, the plaintiff made statements to the instructor, to the responding paramedic and at the emergency room that while exercising at the gym, she “miss-stepped” and fell backwards. Finally, during pre-trial proceedings, Rory contacted one of the plaintiff’s witnesses only to learn that she was the one positioned under the chains and that the plaintiff was behind her when the incident took place. After 29 minutes of deliberations, the jury found that the plaintiff did not prove negligence.

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