Summary Judgment to Lynch Schwab Client, Planet Fitness
On March 16, 2010, Lynch Schwab obtained summary judgment on behalf of Planet Fitness, Inc., in a personal injury claim. The plaintiff alleged that she was injured when her foot became trapped underneath a piece of exercise equipment. Plaintiff further claimed, by way of an expert report, that the placement of this equipment deviated from usual practice and created a dangerous and otherwise unsafe condition.
The Court concluded that the plaintiff's expert opinion was "speculative at best" and the purported standards cited in his report were voluntary in nature and not the industry standard. Plaintiff claimed an ankle fracture resulting in surgery with medical hardware.
Peri v. Planet Fitness, Inc., (Supreme Court Richmond County, New York) Bamundo Zwal & Schermerhorn, LLP for the plaintiff.
Posted on March 26, 2012 in Firm News