Gym Fan Injury Verdict: $30K+ Award in Florida Negligence Case
Table of Contents
Case Background
Three gym members filed a negligence lawsuit after a hanging ceiling fan fell on them during a workout session at F45 Training Hodges-Kernan, a fitness facility located at 12675 Beach Blvd, Suite 104, Jacksonville, Florida. The incident occurred on May 17, 2021, when Mary Menze, Sheryl Davis, and Kevin McGetrick were performing warm-up exercises at the gym. The case was heard in the Circuit Court of the Fourth Judicial Circuit in and for Duval County, Florida, under Case Number 2021-CA-6177, Division CV-B.
Cause
The Plaintiffs alleged that the Defendants failed to properly maintain, inspect, and secure the hanging fans installed in the gym. According to the complaint filed on November 16, 2021, the gym operators neglected their duty to ensure the safety of their premises. The Plaintiffs claimed that this failure to maintain adequate standards created a hazardous environment for gym members who exercised beneath the fans. The case evolved during litigation when the Defendants identified two non-parties as potentially liable: Fasanelli Construction Inc. and All Service Electric Group, Inc. By the time of trial, the case proceeded against All Service Electric Group, Inc. as the Defendant.
Injury
The Plaintiffs sustained bodily injuries when the ceiling fan detached from its mounting and struck them during their workout. The complaint detailed that the injuries resulted in pain and suffering, disability, disfigurement, and permanent scarring. The Plaintiffs also reported mental anguish and a diminished capacity to enjoy life. Medical treatment became necessary, including hospitalization and nursing care. The injuries caused the Plaintiffs to incur significant medical expenses and lose earnings. Some Plaintiffs experienced aggravation of previously existing conditions. The complaint stated that these losses were either permanent or continuing in nature.
Damages Sought
The Plaintiffs sought damages exceeding thirty thousand dollars, plus interest and costs. The complaint specified that the actual value of the claim would be determined by a jury in accordance with Article 1, Section 21 of the Florida Constitution. The Plaintiffs demanded a jury trial on all triable issues.
Key Arguments and Proceedings
Legal Representation
Plaintiffs: Mary Menze Sheryl Davis | Kevin McGetrick
· Counsel for Plaintiffs: Neil Gornto | Eric Steven Block | Tyler B Everett | Corey Jordan Portnoy | Mark J Kupcinskas, Jr | Joe Harrison Wade, II | Albert Heinz Lechner | Clayton Gardner Anderson | Neil Douglas Gornto
· Experts for Plaintiffs: Timothy B. Osbon | Mark Frisk | Gil Spruance | Jeffrey Kobilka | Bret Toftness | Richard D. Malcolm | Todd McClerren | Elizabeth Chandle | Paul Hofrichter | Robert Hurford | Isaac Gooding | Claudio Vincenty | Mallory Arinello | Sarfaraz S. Dhanji
Defendant: All Service Electric Group, Inc.
· Counsel for Defendant: Christopher David Ritchie | Samantha Jane McNulty | Erin Townsend Perry | Sean Lawrence Mulhall | Cassidy Gordon Sterle | Keith Salhab
· Experts for Defendant: David DeLonga | Daryoush Tavanaiepour | Lisa Anderson | J. Kevin Brooks | Timothy B. Osbon | Mark Frisk | Gil Spruance | Jeffrey Kobilka | Mark. M. Carter | Narlin Beaty | Christopher Pierson | Adam M. Francis | Bret Toftness | Richard D. Malcolm | Todd McClerren | Elizabeth Chandle | Darien Rhodes | Rebekah Watson | Arnold D. Fong | Sarfaraz S. Dhanji | Mark Emas | Richard J. Boehme | Bernard Guiot | Michael Herkov
Claims
The Plaintiffs built their case around premises liability and negligence theories. They argued that the gym owed a duty of reasonable care to its members who lawfully used the facility. The complaint outlined four specific acts of negligence. First, the Defendants negligently failed to maintain the hanging fans, which created a hazardous condition for gym members exercising beneath them. Second, the Defendants failed to inspect the fans to determine whether they posed a risk of falling. Third, the Defendants failed to warn the Plaintiffs about the danger posed by the fans despite knowing or having reason to know about the hazard. Fourth, the Defendants failed to correct the dangerous condition even though they knew about it or should have discovered it through reasonable care. The Plaintiffs maintained that these failures directly and proximately caused their injuries when the fan fell and struck them.
Defense
The original Defendants, JAX45Group, LLC and LINK107, LLC d/b/a F45 Training Hodges-Kernan, filed their answer on January 26, 2022, and raised twenty-six affirmative defenses. They denied the allegations of negligence and asserted that the complaint failed to state a cause of action because it lacked specific facts about the dangerous condition or their knowledge of it. The defense argued that the Plaintiffs were guilty of negligence that either caused the accident entirely or contributed to it. They claimed that intervening and superseding causes, including the negligence of third parties, led to the incident. The Defendants specifically identified Fasanelli Construction Inc. and All Service Electric Group, Inc. as non-parties who may bear liability. The defense also raised assumption of risk, arguing that the Plaintiffs voluntarily used the premises knowing of any incidental risks. They contended that any dangerous condition was open and obvious. The Defendants asserted they lacked sufficient notice about the alleged problems because any hazardous conditions existed for too short a time to allow corrective action. They also argued that their mode of operation and maintenance was reasonable and adequate. Additional defenses included failure to mitigate damages, collateral source setoffs, and statute of limitations issues.
Jury Verdict
The jury returned its verdict on June 26, 2025. The jury found negligence on the part of multiple parties and apportioned fault among them.
On the question of whether non-party Fasanelli Construction, Inc. was negligent in a way that contributed to the Plaintiffs' loss, injury, or damage, the jury answered yes.
On the question of whether non-party LINK 107, LLC d/b/a F45 Training Hodges-Kernan was negligent in a way that contributed to the Plaintiffs' loss, injury, or damage, the jury also answered yes.
The verdict is in favor of the Plaintiffs (Mary Menze, Sheryl Davis, and Kevin McGetrick). The jury then apportioned the percentage of negligence among the responsible parties. All Service Electric Group, Inc., the Defendant at trial, received 73 percent of the fault. Fasanelli Construction, Inc. received 15 percent of the fault. LINK 107, LLC d/b/a F45 Training Hodges-Kernan received 12 percent of the fault. The total apportionment equaled 100 percent as required by the verdict form.
The verdict established that the electrical contractor bore the majority of responsibility for the incident. The jury determined that All Service Electric Group, Inc., which presumably installed or maintained the electrical components of the ceiling fan system, was primarily at fault for the fan falling on the gym members. The construction company and the gym operator shared the remaining fault in smaller proportions. This allocation of liability reflected the jury's assessment that improper electrical work or installation most directly caused the dangerous condition that led to the Plaintiffs' injuries.