the injured gym user has residual pain and difficulty with recreational activities.

In this “premises liability case,” the injured plaintiff sued the health club, alleging that its staff members were negligent in placing the net so that it draped over the basketball court, causing a dangerous condition. Since the gym’s very own employees were charged with setting the injury-producing nets, the plaintiff did not have the usual hurdles in such cases of having to prove “notice” or “prior similar events.” While the injured ball player did not seek lost income, the New York jury’s verdict was for the plaintiff and against Town Sports International in the amount of $110,000.00. The parties later settled for that amount.