Glastonbury resident Douglas Smith fractured his left foot after this Step Up device crashed to the floor while he was using it at a local fitness center. Courtesy photo
When plaintiffs counsel Stephen Sobin was presented with a premises liability case concerning the inside of a fitness center, he was reluctant to take up the matter.
Sobin, a partner with Brown, Paindiris & Scott in Glastonbury, knew premise liability cases could be hard to navigate, especially one in which someone was injured from using equipment in a fitness center.
"I was reluctant to take the case. Through talking to other attorneys, I know that premise liability cases are difficult to settle, and even more so when it involves a fitness facility. That is because there are a few factors at play as you sign a waiver when you join a gym. As well, there is the basic inherent assumption of risk when going into the gym facility," Sobin said.
But Sobin stayed with the case and, after speaking to client Douglas Smith, realized he had a case he could win.
"What I told the defendant [Health Trax Fitness & Wellness in Glastonbury] was that Mr. Smith was engaged in services with a trainer at the facility. So, at that point, he put his trust and health and safety in the hands of the facility as opposed to someone just walking into the gym and using a machine there," Sobin said.
Sobin's willingness to stay with the case in which he later learned a trainer was involved helped secure a $225,000 settlement for Smith on Oct. 30. The case was settled with the insurance company and a lawsuit was never filed.
Smith, a 53-year-old Glastonbury resident, fractured his left foot on a Step Up machine, which he was using as part of a small group of people in a fitness training class at the facility. As part of the class, Smith used one machine and then moved on to the next one, Sobin said Tuesday. The incident took place in April 2019.
"When it was my client's turn to go on the Step Up machine, the step, without his knowledge, hadn't been properly secured and that caused his left foot to drop off the step and crash about 12 to 16 inches to the floor. The crash to the floor resulted in a left heel fracture," Sobin said.
The actual step is adjustable and it "was the fault of the trainer in the facility to not have the proper measures in place to make sure the step was secured prior to my client using it," Sobin said.
Sobin said Smith was "in extreme pain" immediately after the incident.
Sobin said his client had surgery within a week of the incident. The surgery entailed repairing the left ankle fracture and putting in hardware.
Sobin negotiated the settlement with Ruth Ambrose of Philadelphia Indemnity Insurance Co. Ambrose didn't respond to a request for comment Tuesday.
Smith, who works in the maintenance and facilities department within the Glastonbury school system, missed about a month of work, Sobin said.
Today, Smith, who incurred about $45,000 in medical expenses, has "residual pain on a regular basis and scarring from the surgery," Sobin said.
Robert Storace
Robert Storace covers legal trends, lawsuits and analysis for the Connecticut Law Tribune. Follow him on Twitter @RobertSCTLaw or reach him at 203-437-5950.