Facts

On Aug. 8, 2019, plaintiff Stephen Sibert was exercising at Roe gym. While using a stationary bike manufactured by Roe manufacturer, a piece of the bike connected to the handlebar broke, causing plaintiff to lunge forward and hit the ground sustaining a TBI.

PLAINTIFF'S CONTENTIONS: Plaintiff contended and Roe gym admitted that the bike had never been maintained or inspected pursuant to the manufacturer's maintenance schedule and that a reasonable inspection would have revealed severe wear and tear which was soon to result in a catastrophic failure. Plaintiff also contended that the bike was negligently designed due to the use of one injection mold to manufacture multiple pieces of the bike to save money while introducing unnecessary weakness into the design.

DEFENDANT'S CONTENTIONS: Roe gym contended that their weekly observation and cleaning of the bike constituted sufficient maintenance, or at least did not amount to gross negligence (Plaintiff was required to argue gross negligence when overcoming gym's Motion for Summary Judgment on the issue of waiver). They further argued that plaintiff's improper use of the bike contributed to his injuries, thus disputing causation.

Roe gym maintained that the bike was improperly used by plaintiff and asserted that its design was not negligent. Additionally, they claimed that they were not made aware of any issues with the bike or its design prior to the incident.

Specials in Evidence

Meds: $455,412

Damages

Plaintiff claimed past and future medical special damages and past and future general damages.

Injuries

Plaintiff sustained orthopedic injuries which required disc arthroplasty surgery at C3-4 and C4-5. He also suffered post-concussive syndrome, posttraumatic disorientation, and a moderate-to-severe TBI which severely altered his life. Plaintiff will require ongoing neurocognitive therapies and orthopedic treatment for his injuries for the rest of his life.

Result

The case settled for $1 million by way of mediator's proposal by Steven R. Kuhn, Esq. (Judicate West), with $800,000 from Roe gym and $200,000 from Roe manufacturer.