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Court Dismisses Claim of Gym Patron Who Blamed a Faulty Bench For Severing Her Pinky

In a decision this summer, a Manhattan Supreme Court Justice dismissed the claim of a gym patron against New York Sports Club who fell off a work bench that allegedly tipped over while she was doing abdominal crunches with a 30 pound kettlebell. According to the plaintiff, the kettlebell crushed her hand and severed her pinky finger. Fortunately, the pinky was reattached with surgery but the plaintiff suffered permanent nerve damage. There were several reasons why the Court granted dismissal of this claim even before a jury trial:

1) The plaintiff was highly experienced using free weights and had worked as a trainer at the same gym; 2) plaintiff conceded she had inspected the bench before using it and found no problem with it; 3) the bench is still in service and has never been repaired; 4) there was no evidence of any (apparent or concealed) defect in the bench to overcome the assumption of risk doctrine; 5) the gym submitted sworn testimony of a routine practice of inspecting the gym equipment twice a week and no evidence of a defective bench was ever found. 2017 WL 2671003

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the New York State. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ron is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts of 2011" and "Top New York Settlements of 2012." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He is a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!

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