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Buffalo woman awarded $980,000 from fitness center that caused permanent injury

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  • Buffalo woman awarded $980,000 from fitness center that caused permanent injury

    http://www.syracuse.com/news/index.s...l#incart_river

    A Buffalo woman has been awarded $980,000 in a lawsuit against a North Buffalo fitness cetner.

    Linda Baldi-Perry sued the former Fitness 360, now closed, which she claimed caused her pain, suffering and irreparable damage to discs in her neck.

    The total award was $1.4 million—$400 for past pain, $1 million for future pain. But the fitness center was found only 70 percent responsible, reducing the total amount awarded by 30 percent, The Buffalo News reported.

    Baldi-Perry's attorney, Joseph D. Morath Jr., said his client had been instructed by doctors to stay fit and active following a 2005 surgery to remove degenerated discs in her neck. Here's an excerpt from The Buffalo News:

    "He said she hired a personal trainer at the fitness center in 2006, after explaining her surgical history and her restrictions.

    "On Oct. 29, 2008, the trainer designed a workout that involved a series of three strenuous exercises that were to be performed back to back with no rest, Morath said.

    "He said his client questioned the workout, and the trainer assured her that it was safe.

    "The attorney said she awoke that night in excruciating pain and has never recovered."

    Damage caused by the workouts required additional surgery, and the installation of a titanium plate and rods.

    Her surgeon testified that the damage was so extensive, no surgery could relieve all of her pain. Morath said she will suffer headaches and chronic pain for the rest of her life.
    -KidRok-
    "...because I won't accept that I can't."


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  • #2
    Suing a fitness center is like trying to get blood from a stone. She won't see a penny of it.

    Skip


    Facebook: Skip Hill
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    • #3
      Originally posted by Ken "Skip" Hill View Post
      Suing a fitness center is like trying to get blood from a stone. She won't see a penny of it.

      Skip
      That's okay. See, because people that file these kinds of lawsuits... "it's not about the money... I just want justice to be served".

      So I'm sure she sees it as a moral victory...
      My intro thread: http://intensemuscle.com/showthread.php?t=49855

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      • #4
        Agreed. ^ .

        Skip


        Facebook: Skip Hill
        Instagram: @intensemuscle
        YouTube: TEAMSKIP
        TikTok: @intensemuscle


        For Training Inquiries: [email protected]

        Use discount code "SKIP" and get your TEAM SKIP protein here: www.TrueNutrition.com/TEAMSKIPblend

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        • #5
          Sounds like the so-called "trainer" is a fucking nitwit, too.
          Ph.D., Theoretical Physics '16
          kind of a douche

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          • #6
            Agreed, Sammich!

            On a slightly different note, something I find interesting is that here in China, the individual "personal trainer" is held responsible...not the fitness center.
            I believe it makes the trainers overly cautious to help or push clients sometimes...better to err on the side of caution??
            I guess there just needs to be a balance and most importantly, people need to take responsibility for their actions and not do dumb stuff...
            Unless a man undertakes more than he can possibly do, he will never do all he can.

            Unfathomable progress is the result of consistent, daily steps toward a single goal

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            • #7
              I hate frivolous lawsuits more than anything!! Ugh..


              Sent from my iPad using Tapatalk
              "This is your life. It is the only one you get. So no excuses, and no do-overs. If you make a mistake or fail at something you learn from it, you get over it and you move on. Your job is to be the very best person you can be and to never settle for anything less."
              ~ Ann Richards, former TX governor

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              • #8
                Part of the problem with the system is allowing such BS lawsuits to even be heard....good grief.
                Heckman aka "WISE" OLD MAN

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                • #9
                  If you hadn't told me it was from Buffalo, I would have guessed Florida. Either way not surprising.


                  J
                  "No man ever won a war by dieing for his county. He did it by making the other poor dumb bastard die for his."

                  George Patton


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                  • #10
                    From this case to the "Red Bull give you wings", to McDonalds serves hot coffee - we need tort reform. Juries should be made up of small business owners, not Oprah-watching recipient-class douche bags.

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                    • #11
                      Originally posted by rainjack View Post
                      From this case to the "Red Bull give you wings", to McDonalds serves hot coffee - we need tort reform. Juries should be made up of small business owners, not Oprah-watching recipient-class douche bags.
                      HERE HERE!!! Well said!!
                      Unless a man undertakes more than he can possibly do, he will never do all he can.

                      Unfathomable progress is the result of consistent, daily steps toward a single goal

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                      • #12
                        Wow. Just wow.

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                        • #13
                          Originally posted by Ken "Skip" Hill View Post
                          Suing a fitness center is like trying to get blood from a stone. She won't see a penny of it.

                          Skip
                          Yup. Unless they were complete dipshits and didn't have a solid contract in place for clients.

                          When I was a trainer at 24 many fucking moons ago, the contract/agreement form was so thorough that it quite literally, but in slightly different words, said that if you die while working with a trainer, your family can't sue for shit. And that's after the actual gym contract, which essentially said the same thing.

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