Court Rules in Favor of TSI in Negligence Lawsuit

A New York state trial court has ruled in favor of Town Sports International (TSI) in a case involving an injury to a club member who was working with a personal trainer.

Gayle Levy sued TSI for negligence after an incident on Nov. 24, 2008, in which Levy fell off a Bosu ball and fractured her wrist, according to a report by The injury occurred at a New York Sports Club in Manhattan.

Levy claimed that her personal trainer at the time instructed her to begin an exercise on a Bosu ball, and after completing the exercise a few times, the trainer instructed her to do the exercise again, but she ended up losing her balance and fell, according to the report. Levy underwent surgery to have a plate and screws inserted into her wrist.

After the lawsuit was filed, New York-based TSI moved for summary judgment, claiming that Levy assumed the risks associated with the workouts she performed at the club. TSI also noted that a waiver of liability was in Levy’s membership agreement, the website reported.

In its decision in August, the court wrote, “Levy was well aware of the risks of using the Bosu ball, as evidenced by her deposition testimony regarding her prior use of the ball, and she assumed the inherent risk of injury with its use.”

TSI had no further comment on the case.

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