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Woman in steam room fractured shoulder, ankle in fall

Type:

Verdict-Defendant

State:

Texas

Venue:

Federal

Court:

United States District Court, Eastern District, Sherman

Injury Type(s):

ankle; ankle-fracture (fracture, malleolus), ankle (fracture, malleolus);
other-fracture; shoulder; shoulder-fracture, shoulder

Case Type:

Premises Liability – Gym; Slips, Trips & Falls – Slip and Fall; Premises Liability – Dangerous Condition, Negligent Repair and/or Maintenance

Case Name:

Isabel Miller v. 24 Hour Fitness USA, Inc.,
No. 4:16-cv-1-RC

Date:

January 31, 2017

Parties

Plaintiff(s):

Isabel Miller (Female, 67 Years)

Plaintiff Attorney(s):

William Kennedy;
Bill Kennedy Law PLLC;
Carrollton,
TX,
for
Isabel Miller ■ Joan Ballard;
Bill Kennedy Law PLLC;
Carrollton,
TX,
for
Isabel Miller

Defendant(s):

24 Hour Fitness USA Inc.

Defense Attorney(s):

Nelson Skyler;
Brown Sims P.C.;
Houston,
TX,
for
24 Hour Fitness USA Inc. ■ Tarush R. Anand;
Brown Sims P.C.;
Houston,
TX,
for
24 Hour Fitness USA Inc.

Facts:

On Jan. 9, 2014, plaintiff Isabel Miller, 67, was in a steam room of the 24 Hour Fitness USA club on W. Park Boulevard in Plano. She claimed that she slipped and fell on steps in the steam room, injuring her shoulder and ankle. Miller sued 24 Hour Fitness USA Inc. for premises liability, alleging that it failed to properly maintain the steam room in a safe condition. Miller alleged that she had been sitting on the bench in the steam room, and she fell after she got up from the bench and then attempted to go down the steps from it. Miller alleged that the steam room was unreasonably dangerous due to lack of handrails, lack of rubber mats, the tile surface, wet condition and the height of the benches. Miller alleged that the gym was negligent in creating a condition on the premises which posed an unreasonable risk of harm to her and others. 24 Hour Fitness denied negligence, arguing that the steam room was safe and similar in design to almost all steam rooms, and that there had never been any previous incidents of members falling from the bench surface despite much usage over many years.

Injury:

Miller was taken by ambulance to a local emergency room. She sustained a fracture of her acromioclavicular joint in the right shoulder, and a fracture of the lateral malleolus of the right ankle. Miller underwent emergency surgery to repair her fractured shoulder. She later underwent surgery to repair the ankle fracture. Miller claimed residual pain and limitations performing activites of daily living. She sought to recover damages for past and future pain and suffering, past and future mental anguish and physical disfigurement. The defense did not actively argue the issue of Miller’s injuries, instead focusing on liability.

Result:

The jury rendered a defense verdict, finding no negligence on the part of 24-Hour Fitness USA.

Trial Information:

Judge:

Ron Clark

Demand:

$100,000

Offer:

$24,292

Trial Length:

2
days

Trial Deliberations:

2
hours

Editor’s Comment:

This report is based on information that was provided by defense counsel. Plaintiff’s counsel did not respond to the reporter’s phone calls.