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Cybex Gets Stay on Judgment Pending Collateral Payment

Cybex International Inc. has been granted a stay of enforcement on the $66 million judgment against it in the Barnhard v. Cybex International Inc. case, the company announced last week. The stay prohibits the plaintiff from attempting to enforce the judgment during the appellate process, but it is contingent upon Cybex posting $10 million in collateral. Cybex has stated it anticipates getting the collateral by the June 6 deadline.

The Appellate Division, Fourth Judicial Department, of the Supreme Court of the State of New York granted Cybex’s motion for a stay of enforcement of the judgment during the pendency of the company’s appeals.

The Barnhard case involves a woman, Natalie Barnhard, who was rendered a quadriplegic when a piece of Cybex equipment fell on her in 2004 at the physical therapy business where she worked. The jury in the case found Cybex 75 percent liable in the $66 million judgment, rendered in December 2010.

A statement from the company said that Cybex believes it was not negligent and is in no way responsible for the accident that is the basis of the suit, and intends to vigorously pursue all avenues to attain a reversal or substantial reduction of this judgment. Cybex has filed appeals of post-trial orders and the judgment in this case with the Appellate Division.

The company expects a decision on its appeals within the next six to 12 months. In early May, Cybex had been granted a temporary stay on the enforcement.

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