PHILADELPHIA – A man whose son went to a spin class and subsequently suffered a broken ankle – allegedly due to negligent failures on the part of the facility’s staff – has proposed settling the resultant lawsuit for $35,000.
M.K. (a minor by Michael Kurhan III, his guardian) and Michael Kurhan III (individually) of Newtown Square first filed suit in the U.S. District Court for the Eastern District of Pennsylvania on May 31 versus Life Time, of Chanhassen, Minn.
“On July 9, 2022, Gail Moore took her minor son (M.K.) to a spin class at Life Time Fitness. At all relevant times, plaintiff M.K. was a business invitee lawfully on defendant Life Time’s premises. Before the spin class began, the spin instructor strapped plaintiff M.K.’s feet to the pedals of the spin class bike. The spin instructor was aware that plaintiff M.K. was 14 years old and had never taken a spin class before when he strapped in plaintiff M.K.’s feet,” the suit said.
“The spin instructor was the employee, agent, servant and/or representative of defendant acting in the course and scope of their employment on behalf of defendant. The spin instructor negligently strapped plaintiff M.K.’s feet to the pedals of the bike, which resulted in the strap coming undone. During the class, the strap on plaintiff M.K.’s left foot became undone. Suddenly and without warning, the pedal of the bike struck plaintiff’s unsecured foot, causing his ankle to fracture and throwing him off the bike.”
The lawsuit claimed that Life Time failed to adequately train and supervise its employees and did not properly maintain or inspect its equipment. As a result of these failures, M.K. suffered serious injuries causing pain and suffering, mental anguish, and significant medical expenses, the suit said.
UPDATE
On Sept. 17, before a response from the defendants had been filed, plaintiff counsel proposed settling the action for $35,000, and to distribute those funds as follows:
• Silver & Silver – Reimbursement of Costs: $575
• Outstanding Medicals/Liens: $4,218.88
• Silver & Silver – Counsel Fees: $11,666.66
• Remaining Balance to Minor’s Savings Account: $18,539.46
“Counsel for the petitioner, Joseph F. Schwartz, Esq., believes that it is in the best interest of the parties to resolve this matter on the terms stated for $35,000 and, in his professional opinion, believes that this is the best result and most economical way to resolve the claim. Michael Kurhan III, has been informed of the settlement amount, has been advised of the proposed attorney’s fees and deductions for costs involved in this matter, and agrees that it is in the best interest of the minor to settle the matter on the terms stated for $35,000,” according to the settlement proposal.
The plaintiffs are represented by Joseph F. Schwartz of Silver & Silver, in Ardmore.
The defendants are represented by Andre J. Webb and Nicholas C. Kapsimalis of German Gallagher & Murtagh, in Philadelphia
U.S. District Court for the Eastern District of Pennsylvania case 2:24-cv-02341
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com