Mark Puopolo v. Crunch Fitness International
Published: Dec. 31, 2002 | Result Date: Jul. 12, 2002 | Filing Date: Jan. 1, 1900 |Case number: BC245787 Verdict – $74,160
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
John C. Carpenter
(Carpenter & Zuckerman LLP)
Defendant
Marc S. Feldman
(Koletsky, Mancini, Feldman & Morrow)
Karen M. Brockenbrow
(Law Offices of Gregory Lucett)
Experts
Plaintiff
Sandy Anfuso
(technical)
Raymond G. Schultz
(technical)
James Yaggie
(technical)
Arthur Kreitenberg M.D.
(medical)
Defendant
Richard Cotton
(technical)
Keith E. Liberman M.D.
(medical)
A. Jubin Merati Ph.D.
(technical)
Facts
The plaintiff, a 30-year-old marketing manager, visited the defendant fitness center and asked
for the services of a personal trainer. Between January and April, 2000, the plaintiff utilized the
services of the trainer who had been assigned to him. While under instruction from the trainer,
he performed exercises that involved making deep squats with heavy weights. During the
performance of these exercises, the plaintiff alleged he sustained a severe injury to his lower
back.
Settlement Discussions
None disclosed.
Injuries
The plaintiff claimed he suffered a herniated disc in his lower back and annular fissure as a result of working with an inexperienced trainer.
Other Information
The jury returned with an award of $74,160. The plaintiff filed a motion for a new trial which was denied. The plaintiff has filed a notice of appeal. The jury found that the defendant was negligent but that this negligence was not the cause of the plaintiffÆs injury. The jury found that the defendant was liable for both intentional fraud and negligent misrepresentation. The jury awarded the plaintiff $4,160 for the membership of the gymnasium and $70,000 in general damages for fraud. The plaintiffÆs attorney reported that the court dismissed the plaintiffÆs request for punitive damages.
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