Personal trainer was unaware of plaintiff’s prior spine surgery – Defense Verdict

Plaintiff alleged that on June 14, 2010, she was attending a session with a personal trainer at Fitness Together in Chantilly, which was owned and operated by Mason Mays Enterprises, LLC. Plaintiff alleged that she was asked to perform step up exercises with 25-pound dumbbells and injured her lower back. The plaintiff claimed that the trainer was negligent for recommending the exercise with weights that were too heavy for someone of the plaintiff’s age and physical condition.

The plaintiff designated two liability experts to testify concerning the standard of care. The court excluded the plaintiff’s liability experts’ testimony on the grounds that personal training was not a profession with an established standard of care and that the opinions were on matters entirely within the realm of common knowledge.

The defendants argued that the accident did not occur as alleged by the plaintiff, that the exercise was appropriate for the plaintiff’s known condition and that the plaintiff had not disclosed that she had a previous lumbar spine surgery and was taking narcotic pain medication before starting the training sessions. Defendants called several of plaintiff’s treating physicians to testify concerning plaintiff’s medical history.

The jury returned a verdict for defendants.

[14-T-039]

Type of action: Personal injury
Injuries alleged: Disc herniations requiring lumbar fusion surgery
Name of case: Deramus v. Mays and Mason Mays Enterprises, LLC
Court: Fairfax County Circuit Court
Case no.: CL2012-8744
Tried before: Jury
Date resolved: May 1, 2013
Special damages: $154,307 for lumbar fusion surgery and rehabilitation; $36,453 for spinal cord stimulator; and estimated $106,000 for future lumbar decompression
Verdict or settlement: Defense verdict
Attorney for defendant: Tyler O. Prout, Vienna
Attorney for plaintiff: Philip J. Walsh, Fairfax
Defendant’s experts: Dr. Donald G. Hope, spinal surgeon
Plaintiff’s experts: Dr. McGrail, spinal surgeon; Dr. Wellborn, orthopedic surgeon; Matt Nancy, liability/standard of care; Heather Black, liability/standard of care