Christopher L. Musmanno Settles Lawsuit for $2.5M Against Crunch Fitness for Nurse Who Had Shoulder Replaced After Fall at Gym

As reported in the New Jersey Law Journal, a nurse was exercising at the Crunch Fitness in Stanhope, New Jersey, on March 23, 2023, when he stepped on a mat in the vestibule, slipped and fell, severely injuring his right shoulder. Christopher L. Musmanno, Chair of Einhorn Barbarito’s Accidents/Personal Injury Practice, represented the gym patron in a premises liability lawsuit against Crunch Fitness, alleging that a gym employee mopped the floor in the vestibule of the gym, then laid a mat over the spot that was mopped, which caused the fall.

The matter was settled for $2.5M, with 100% liability apportioned to Crunch Fitness.

“He had to have his shoulder joint replaced, and he developed an infection while in the hospital,” said Musmanno. “He had a total of five operations and was unable to continue in his job as a nurse…and suffered reduced strength in his right arm and needs assistance with certain tasks like getting dressed.”

Liability was established during Musmanno’s deposition of the manager who had filed the written incident report, when she admitted that she had not seen the fall and had not spoken to any witnesses. Musmanno said, “And then when you confront her with everything, she essentially says, you know, what I said on this incident report isn’t true.”

Read the New Jersey Law Journal article here. (Subscription may be required.)