PITTSBURGH – A Pittsburgh spin class facility denies it was negligent in an action brought by a local woman who alleged her broken right ankle was the defendant’s failure to provide spin bicycle shoes with clips.
Amy Schwartz first filed suit in the Allegheny County Court of Common Pleas on Jan. 6 versus 6YCLE, LLC, 6YCLE SOUTH SIDE, LLC and 6YCLE PENN, LLC (doing business as “YCLE South Hills”). All parties are of Pittsburgh.
“On Dec. 2, 2019 at approximately 7 p.m., plaintiff was a student in a spin bike class at 6YCLE Peters Township, located at 531 Georgetown Road in Canonsburg. Plaintiff was accompanied by two co-workers who were present at the class. Plaintiff was wearing leggings, a tank top and New Balance sneakers.” the suit says.
“6YCLE is a spinning and fitness gym, where spin bikes are provided for members and guests to use during their classes. 6YCLE did not provide spinning-specific shoes with cleats, but rather had spin bikes with ‘basket-style’ pedals equipped on the bikes. Plaintiff and her co-workers selected three spin bikes next to one another and the class commenced. 6YCLE South Hills’ Facebook account has photographs of the classroom depicting the instructor’s bike and the rows of bikes for the students.”
The plaintiff says the facility’s instructor never ensured that students were properly seated in their bicycles or if their pedals were properly secured, thereby creating a dangerous condition.
After the first 10 minutes of the class, the students were instructed to stand up on the pedals and while out of the saddle exercising, the suit states the plaintiff’s right foot slipped off the pedal and caused her to fall to the floor, sustaining severe injuries.
“As a direct, legal and proximate result of the negligence and gross negligence of defendants, plaintiff has suffered bi-malleolar fracture of the right ankle, open reduction and internal fixation surgeries using metal screws, pins, rods or plates to hold the bones in place, osteochondritis of the right ankle, synovitis, ankle scarring, permanent disfigurement and other serious injuries,” per the suit.
UPDATE
Counsel for 6YCLE filed an answer and new matter in the case on April 26.
“Defendants 6YCLE, LLC, and 6YCLE South Side, LLC, did not own, manage or control the operations of the subject 6YCLE location of 531 Georgetown Road, Canonsburg, PA 15317, and therefore can have no liability to plaintiff in this matter,” the answer stated.
“The rights of the plaintiff in this action are governed, diminished and/or barred by the contributory and/or comparative negligence of the plaintiff and defendants claim all of the benefits of the provisions of the Pennsylvania Comparative Negligence Act, and state the same as an affirmative defense in this action.”
“There is no causal relationship between any damages claimed by the plaintiff and any wrongful acts or omissions on the part of defendants, which acts or omissions are expressly denied herein. To the extent revealed in discovery, plaintiff’s claims are barred by the plaintiff’s voluntary assumption of a known risk. Defendants have no duty to inspect or remedy the alleged defective condition noted in plaintiff’s complaint and therefore, cannot be found liable or responsible for plaintiff’s incident.”
For counts of negligence, gross negligence and recklessness, the plaintiff is seeking damages in excess of applicable arbitration limits, plus interest, costs and a trial by jury.
The plaintiff is represented by Kelton M. Burgess of the Law Office of Kelton M. Burgess, in Pittsburgh.
The defendants are represented by Joseph V. Lesinski of Marshall Dennehey Warner Coleman & Goggin, also in Pittsburgh.
Allegheny County Court of Common Pleas case GD-21-000196
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com