Phillip Brown v. Advanced Free Weight System
Published: Jan. 1, 2000 | Result Date: Apr. 8, 1999 | Filing Date: Jan. 1, 1900 |Case number: 98CV4626 Verdict – $563,272
Judge
Court
Denver District
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Jeffrey Bruce Wheeler
(technical)
Patricia Pacey
(technical)
Helen Woodard
(technical)
Defendant
Decio S. Rubano
(technical)
Facts
Phillip Brown, an experienced weight lifter, was working out at Better Bodies Fitness Spa. Brown was using a horizontal leg press machine manufactured by Advanced Free Weight System at a weight of 870 pounds. The weld on the machine failed and the weight crashed into the back of the footplate, injuring Brown's right foot. Brown suffered injuries of Lis franc fracture/dislocation and a disruption to the Lis franc ligament. He was required to have surgery in which three screws were placed into his foot and additional surgery to remove the hardware after three months. According to his treating physician, Brown faced probable mid-foot fusion in five to 10 years. Brown filed an action for product liability, negligence and breach of warranty and defective design and manufacture. The defendant admitted liability for manufacturing defect and disputed only the damages claims.
Settlement Discussions
The plaintiff offered to settle for $750,000 the Friday before trial and had submitted a statutory offer of settlement for $1 million (the limits of defendant's insurance policy). The defendant submitted a statutory offer of $375,000 and a settlement offer of $500,000 the Friday before trial.
Damages
The plaintiff claimed damages of $9,107 for past medicals, $8,650 for the present costs of any future surgery, and past and future wage loss of between $225,000 and $800,000.
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