Facts

David Sulser, 61, sued Independent Physical Therapy Inc. and Kevin Gilbert, in connection with the care Sulser received from defendants.

PLAINTIFFS' CONTENTIONS:
Sulser presented to Independent Physical Therapy for physical therapy following a bilateral, total knee replacement surgery. He contended that defendant Gilbert had him ride a recumbent bike for some time as part of the treatment. However, when he attempted to get off the bike, plaintiff fell and sustained injuries as a result. Plaintiff contended that he was fatigued from the ride and blamed the fall on Gilbert who failed to assist him in getting off the bike. Both plaintiff and Gilbert's employer testified at deposition that plaintiff told Gilbert that he was fatigued shortly before plaintiff fell. Plaintiff contended that Gilbert stood on the other side of the bike he was getting off from, instead of the same side in order to assist him. Plaintiff sued defendants, alleging claims for negligence.

DEFENDANTS' CONTENTIONS:
Defendant Gilbert claimed he warned Sulser to stop pedaling if he felt tired, but Sulser kept on going and never mentioned being tired after the time was up. Gilbert also contended that he had no reason to help plaintiff because he was able to mount and dismount the bike by himself. Further, Gilbert contended that plaintiff got off the bike on the opposite side of him and without warning. Gilbert claimed plaintiff also grabbed the pedal of a nearby exercise machine, causing his fall.

Settlement Discussions

Sulser demanded $425,000 in settlement, which defendants countered with a $175,000 offer of settlement.

Damages

Sulser requested $400,000 in past and future economic damages plus an unspecified amount for general and pain and suffering damages.

Injuries

Sulser tore the tendon in his quadriceps and underwent another surgery to repair it. Sulser claimed he continued to suffer from chronic pain and was no longer able to return to his job as a construction project manager because he was unable to climb stairs or ladders.

Result

The jury concluded that Gilbert was negligent, but that Sulser was partly at fault for the accident, and assigned 85 percent liability to Gilbert and the remaining 15 percent on Sulser. It then determined Sulser's damages at $1,032,841, which included $257,841 in lost earnings and $775,000 in general damages. In sum, Sulser stood to recover $877,915 after the apportionment. Post-judgment, the award was reduced pursuant to MICRA and the parties ultimately agreed to a $512,500 settlement.

Other Information

FILING DATE: Feb. 11, 2013.

Deliberation

three days

Poll

11-1 (liability), 9-3 (damages)

Length

two weeks