Sample Cases
2019 Gomez Trial Attorneys, 655 West Broadway, Suite 1700, San Diego, CA 92101
Case involved the death of a 48-year-old man playing basketball at a national chain fitness facility. He suffered a heart attack, the single employee on staff failed to assist in caring for the member and did not know where the AED was located. I provided the information specific to state law specific to the duty of the facility and staff. I performed a site investigation and discovered that the location did not have the required signage posted to locate the AED and that the AED was not installed in an obvious area of the facility where it could be easily seen.
2019 McCune Wright Arevalo, LLP., 3281 East Guasti Road, Ste. 100, Ontario, California 91761
This plaintiff injury case involved a large chain gym and their failure to properly maintain a rigging system for heavy bags used in boxing class. The plaintiff was injured when a link in the rigging broke and the bag fell on him and slammed him to the floor causing head and neck injuries requiring neural surgery. Investigation showed that the linkage suspending the heavy bags was not approved by the manufacturer and had not been inspected for wear as required.
2016 Rob Schelling, ESQ., 29826 Haun Rd., Suite 202, Menifee, California 92586
Case involved a leg and hip injury sustained by a member when the step-up box they were using slipped out from underneath his leg. During the site investigation I discovered that box and several others were missing the safety grips on the bottom to prevent them from sliding during use and were in generally poor condition. I also noted that the spacing of the equipment in the workout area did not meet Industry or ADA standards for safety and accessibility. Lastly, the floor surface was polished concrete which did not meet industry safety standards as well.
2015 James L. Pocrass Law Corporation, Law Offices of Pocrass & De Los Reyes LLP., 1875 Century Park East, Suite 1750, Los Angeles, CA 90067
This was a personal trainer liability case which involved an unqualified individual working as a trainer for a personal training gym. The unqualified personal trainer instructed the client to perform a high-risk jumping exercise. The client was not conditioned or skilled enough to do the exercise, fell and suffered brain damage. After investigation of the facts I delivered a declaration outlining the gross negligence of the actions of the trainer and the facility for employing him.
2014 Law Offices of Raymond Ghermezian, 8383 Wilshire Blvd Ste 950, Beverly Hills, CA 90211
Provided national standards information of space necessary for participants in a group exercise setting. Client was injured participating in a yoga class when a member next to her doing a headstand less than two feet away fell, striking her in the head and neck causing a ruptured disc.
2013 Norine Busser Esq., Mc Clennan, Brian Law Offices, 505 14th St., Suite 1210, Oakland, CA 94612
Provided defense council with investigative report regarding injury sustained involving a plastic hurdle. I provided evidence that the trainer followed industry standards in using a plastic mini-hurdle when training a client and that the injury sustained by the client was not a foreseeable risk.
2013 The Holm Law Group, 4370 La Jolla Village Dr., Suite 630, San Diego, California 92122
Investigated a case involving the death of a 64-year-old man after a heart attack while using a treadmill. Discovered through deposition and AED records that the manager, without knowing the victim’s condition, cancelled a 911 dispatch requested by the front desk. None of the employees followed the emergency protocol as mandated by the state, nor did they attempt to use the AED. EMSresponse finally arrived 14 minutes later.
2012 Law Offices of William Mitchell Margolin, 2348 Calabasas Rd. Ste. 202, Calabasas, CA 91302
Provided a declaration that was key in preventing summary judgment involving a case specific to incorrect equipment spacing and hazardous floor conditions.
2012 Law Offices of Tal Rubin16130 Ventura Blvd, Ste. 140, Encino, CA 91302
Expert consultant specific to injuries sustained in a 24 HR Fitness under the supervision of the company’s personal trainer. Was deposed and testified.
2012 Law Offices of John J. Hughes#1 Cathedral Lane 1200 Gough St., San Francisco, CA 94109
Investigated and provided opinions and declaration specific to incorrect treadmill spacing, which resulted in injury. During my investigation, I discovered that the facility had provided false information to the court and plaintiff.
2010 Heimberg Law Group, LLP, Marsha E. Barr-Fernandez Esq., 1801 Century Park CenturyPark East, Suite 1920 Los Angeles, California 90026
I was instrumental in piecing together a timeline that involved several depositions and the digital records from an AED to show that the employees at the large chain gym failed to follow state standards for providing emergency response. The resulting damages to the plaintiff included irreversible brain damage at age 38.
2007 Casey, Gerry, Schenk, Francavilla, Blatt & Penfield LLP110 Laurel Street, San Diego, CA 92101
Provided expert research and accident reenactment of crushing injury sustained by client due to faulty equipment design and installation. Specific citations to ASTM standards that Hoist Fitness Equipment failed to comply with. Case was settledshortly after I reenacted the incident at Hoist’s Headquarters and submitted myreport.
1993 – 2007 Law Offices of Neal Rosenthal21214 Ventura Blvd., Ste. 179, Woodland Hills, CA 91364
Over the years, I have consulted with Mr. Rosenthal on several injury cases. My influence was specific to providing him with a greater understanding of the physics involved with injuries sustained by his clients. Discussed specifically, were issues involving mechanisms of injury and the biomechanical influences implicated.
2006 Law Offices of Marvin Stuart Lanter 1925 Century Park East, Ste. 2000, Los Angeles, CA 90067
Provided expert opinion and declaration specific to improper equipment spacing thatresulted in client falling through an adjacent window, suffering significantlacerations and puncture wounds. A settlement was reached shortly after myopinions and support materials were submitted to the defendant.
2006 Law Offices of James G. Korsen 100 North Westlake Blvd., Ste. 201, Westlake Village, CA 91362
Provided expert review of case involving inadequate spacing between treadmill andrear wall that resulted in compound injuries that resulted when his client was thrown from the rear of the treadmill into a cinderblock wall.
