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  • Another Look At Cybex [View article]
    First of all, if one were to read some analysis of this case, then one would discover that this was a product liability case. This boils down to which party was at fault for the injury that happened. After a google search and looking through some results, one would discover that the designer of the machine in question knew that people used weight machines for stretching. What wasn't reported but was said in court is that not one document could be found showing the balance and stress tests of the machine in question, but the designer of the machine had hazy recollections of the tests results and pictures of himself and testing team together in front of one of the machines. I could talk all day about this case but it boiled down to these issues. First and foremost, the machine was used for a foreseeable use as stated by the guy who designed the machine. Two, the plaintiff claimed the machine was a tipping hazard and the defense never offered a counter to that claim. Three, The plaintiff offered cost analysis for the future expenses for the victim and the defense countered that not by offering its own analysis but by getting the victim to admit that she didn't know all of the pills she was taking as part of her treatment. If anyone has ever cared for a sick relative or has been sick themselves, you would know that after a while, one either has to keep a written log of all the medications taken or designate a person to keep track of such things because after a while, all the pills and shots become a blur. At the end of the day, the plaintiff proved its case, the defense did not, and with only one set of numbers for damages given and with instructions given by the judge to only use the information provided by the parities in the trial, the jury had no choice but to find the way it did. I would also like to add, that all nine jurors, myself included, agreed with the findings.
    Apr 3, 2012. 04:04 PM | Likes Like |Link to Comment
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