The Buffalo News

Sunday, November 22, 2009

Web Search powered by YAHOO! SEARCH
subscribe now

$3.8 million awarded in negligence suit retrial

Story tools:

A Depew woman permanently injured when an exercise machine collapsed has been awarded $3.8 million by a second Buffalo jury that reviewed her negligence suit, court officials announced Tuesday.

At the close of a weeklong trial before State Supreme Court Justice Rose H. Sconiers, the jury decided Monday that insurance carriers for BJ Wholesale Club, which sold the Chinesemade equipment, and Lifegear should compensate Jerry Lynn Blanchard, 40, who suffered back injuries that have required five operations. Doctors have told her she no longer can hold a job, officials said.

James E. Brown and Donald P. Chiari, Blanchard’s attorneys, said the Lifegear Fitness Flyer collapsed at about 8:30 p. m. Feb. 2, 1998, while she was using it in her home. At the time, Blanchard worked as a stock handler at Quebecor’s Depew printing plant, her attorneys said.

During the recent trial, her attorneys emphasized that a defective weld broke, causing the machine to collapse. A state appellate court, citing procedural errors, overturned a $5.45 million verdict awarded in November 2005.


Reader comments

There on this article.
Rate This Article
Reader comments are posted immediately and are not edited. Users can help promote good discourse by using the "Inappropriate" links to vote down comments that fall outside of our guidelines. Comments that exceed our moderation threshold are automatically hidden and reviewed by an editor. Comments should be on topic; respectful of other writers; not be libelous, obscene, threatening, abusive, or otherwise offensive; and generally be in good taste. Users who repeatedly violate these guidelines will be banned. Comments containing objectionable words are automatically blocked. Some comments may be re-published in The Buffalo News print edition.

Log into MyBuffalo to post a comment





What is MyBuffalo?
MyBuffalo is the new social network from Buffalo.com. Your MyBuffalo account lets you comment on and rate stories at buffalonews.com. You can also head over to mybuffalo.com to share your blog posts, stories, photos, and videos with the community. Join now or learn more.
sort comments:

Buffalo News Video


Breaking News Video

Breaking 24 Hour News

more >>

More Police Blotter Stories

Most Viewed Stories, Last 24 Hours