Wendy Beer vs. Equinox Holdings, Inc.

Case Background

On August 3, 2016, Plaintiff Wendy Beer filed a Slip and Fall lawsuit in the New York State, New York County, Supreme Court (Case number: 156484/2016 ). Judge  David B. Cohen presided over the case.

Cause

On May 10, 2016, Wendy Beer, a resident of New York County, was lawfully present as a customer inside an Equinox gym located in the Time Warner Center building at 10 Columbus Circle in New York City. The gym was operated by Equinox Holdings, Inc., Equinox Columbus Circle, and Equinox Columbus Centre Inc. While using the women’s locker room facilities, Beer traversed the sink area when she suddenly tripped and fell. The incident occurred without warning and was allegedly due to hazardous conditions within the locker room. Beer claims that Equinox and its employees failed to properly maintain the gym. They also did not inspect the area or provide warnings about the dangerous conditions. This negligence occurred in a high-traffic area of the gym.

Injuries

As a direct result of the slip and fall, Wendy Beer sustained serious and severe personal injuries. While the complaint does not provide an exhaustive list of specific injuries, it emphasizes that Beer’s injuries are permanent in nature. The severity of the injuries exceeds the jurisdictional limits of lower courts, suggesting substantial physical harm. These injuries likely resulted in pain and suffering. They could also lead to potential loss of mobility or function. Additionally, the injuries may have required extensive medical treatment. This treatment could include possible surgeries, rehabilitation, or ongoing care.

Damages

Beer sought compensatory damages in an amount that surpasses the jurisdictional threshold of lower courts, which typically indicates damages exceeding $25,000. The damages sought cover various costs and losses of Wendy due to Slip and Fall, including:

  • Medical expenses (past and future)
  • Physical therapy and rehabilitation costs
  • Lost wages and diminished earning capacity
  • Pain and suffering
  • Loss of enjoyment of life
  • Emotional distress
  • Any out-of-pocket expenses related to the injury

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Wendy Beer
    • Counsel for Plaintiff: Michael J. Fitzpatrick| David M. Schwarz | Matthew Brett Segal | Aaron Daniel Tabak
  • Defendant(s):Equinox Holdings, Inc. | Equinox Columbus Circle |  Equinox Centre Inc.
    • Counsel for Defendants: David N. Kittredge| John L. Garcia

 Claims

Beer filed a premises liability lawsuit against Equinox Holdings, Inc., Equinox Columbus Circle, and Equinox Columbus Centre Inc., alleging multiple counts of negligence:

  • Negligent Ownership
  • Negligent Operation and Management
  • Negligent Maintenance and Cleaning
  • Negligent Supervision and Contro
  • Negligent Inspection
  • Failure to Warn
  • Negligent Repairs

Beer asserts that the defendants’ collective negligence directly caused her injuries and that she did not contribute to the incident through any negligence of her own. The complaint states that this action falls within one or more exceptions set forth in Section 1602 of the CPLR, which may relate to joint and several liability issues.

Defense

The defense denied most allegations made by the plaintiff, including claims of negligence, ownership of certain properties, and responsibility for the alleged incident. Equinox admitted to operating a fitness club at 10 Columbus Circle in New York City but denied any wrongdoing or liability for Beer’s alleged injuries. They asserted several affirmative defenses to counter the plaintiff’s claims, arguing that any damages sustained by Beer were caused, in whole or in part, by her own negligence or culpable conduct. They claimed that Beer voluntarily assumed the risks associated with the situation described in the complaint.

Furthermore, the defense contended that Beer failed to mitigate her alleged injuries and damages. They also argued that if any injuries occurred, they were the result of third parties’ actions for which Equinox was not legally responsible. The defense invoked CPLR 1601, stating that if Equinox’s liability was found to be 50% or less of the total liability, their responsibility for non-economic losses should be limited to their equitable share.

Equinox also raised the possibility of reducing any potential verdict or judgment against them by amounts from collateral sources, as per CPLR 4545(c). They denied all allegations of negligence, liability, injury, and damages, suggesting that if proven, these were the result of intervening circumstances or superseding conduct by parties outside Equinox’s control. Finally, the defense claimed that the complaint failed to state a cause of action upon which relief could be granted by the court.

Jury Verdict

On June 18, 2024, the jury found the defendants 51% at fault and the plaintiff Wendy Beer 49% at fault. They awarded Wendy Beer a total of $2,106,435 in damages. This amount consisted of $2,000,000 for pain and suffering, including loss of enjoyment of life and permanent effects of injuries, plus $106,435 for future medical services. The jury specified that these damages are intended to provide compensation over a period of 27 years.

Court Documents:

Available Upon Request