Facts

Plaintiff Roxanne Rivas, 36, was using a cable cross-over machine in her condominium fitness center, Pine Creek Village. When she pulled the machine's handles, the machine fell on her, and the bar on top of the machine hit her head. She sued Pine Creek Home Owner's Association, Property Management Professionals, and Technofit, the installer of the machine, for her resulting injuries.

PLAINTIFF'S CONTENTIONS: Plaintiff claimed defendants were negligent in failing to repair or maintain the machine and that Technofit failed to properly install the machine, both of which created a dangerous condition.

DEFENDANT'S CONTENTIONS: Defendant claimed comparative fault on plaintiff for misuse. Defendant contended that there was no standard requiring the machine to be bolted to the floor.

Insurer

Dongbu Insurance, Fireman's Fund Insurance, Federal Insurance Company, and Scottsdale Insurance Company

Specials in Evidence

Meds: $667,588

Injuries

Plaintiff suffered head and spinal injuries, including aggravation of a pre-existing chiari malformation when the large piece of unsecured gym equipment fell forward on top of her.

Result

The case settled at mediation for $1 million. Pine Creek Home Owner's Association and Property Management Professionals paid $500,000 and Technofit paid $500,000.