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Jul 2011

Bob Murphy and Chris Long obtained a defense verdict in a trial alleging negligent maintenance of training equipment by the defendant health club.  The plaintiff alleged that she tripped and fell, sustaining serious personal injuries, as a result of the defendant’s alleged failure to properly maintain the netting on a tennis training target and its negligent storage of the trainer in close proximity to the court. The defendant maintained that the plaintiff fell as a result of her own negligence, that the subject netting was not unreasonably dangerous and that any dangerous condition was open and obvious. The defense was successful in excluding the plaintiff’s liability expert. The defense was also successful in introducing the amount of the medical bills actually paid by the health insurer, in mitigation of the amount billed by the provider. After a four day trial, the jury returned a verdict in favor of the defendant on all counts. Plaintiff filed a notice of appeal, which was withdrawn following defendant’s motion for costs.


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