A company responsible for maintaining a gym at a yacht club was found not liable for injuries a man suffered when he fell off a machine.
Thomas Fitzsimmons, then 48, fell backward while using a machine that works out his back. Fitzsimmons claimed he injured his knee and back and suffered a traumatic brain injury. He claimed he was injured when the cam, the part of the machine that holds the arm, malfunctioned and caused a drop in resistance. Plaintiff counsel argued that Pro Fitness Services, the maintenance company, failed to observe the cracking of the cam and replace the machine. Pro Fitness contended it informed the Yacht Club of two problems with the machine, including problems with the machine arm.
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