Possible Largest Personal Injury Award in Western New York to Paralyzed Woman
Posted on Dec 20, 2010 4:10pm PST
Natalie M. Barnhard, former physical therapy assistant, was awarded $66 million in what might be the single largest personal injury award in Western New York, due to being crushed by a weight machine in 2004 that left her paralyzed, as reported by the Buffalo News.
Barnhard, 30, of Cheektowaga, was awarded the sum after almost eight-weeks in court. The trial was largely spent on examining the design and operation of the exercise machine, coupled with three days of Barnhard's testimony.
The Massachusetts-based company, Cybex International, manufactures the exercise equipment. They have promised to "pursue all avenues" to reverse the verdict.
Kevin J. English, one the lawyers representing Barnhard, said that the family was grateful for the verdict, "Natalie's mom turned to me and said, 'Thank you, she knows Natalie can now be taken care of for the rest of her life."
Michael R. Law, Barnhard's second lawyer said, "It's my understanding it may be the largest personal injury verdict in the history of Western New York."
Law noted that the jury's award took into account his client's pain and suffering, lost earnings and medical expenses.
The jury broke down the liability as follows: 75 percent Cybex International, 20 percent Amherst Orthopedic Physical Therapy - where Barnhard was employed and where the accident occurred - and 5 percent Barnhard.
Robert C. Baxter, the attorney for Amherst Orthopedic Physical Therapy said of the outcome, "Obviously, we think the verdict is excessive, I'm confidant it will be reduced."
Cybex International chairman and chief executive officer, John Aglialoro, said, "We strongly believe that Cybex was not negligent and is in no way responsible for this tragic accident. We will vigorously pursue all avenues to attain a reversal of this verdict."
While working at Amherst Orthopedic in 2004, a Cybex machine fell on top of Barnhard that broke two of her cervical vertebrae and compressed the bones onto her spinal cord.
Barnhard, a former cheerleader and track athlete, is now a quadriplegic.
She declined comment on the verdict but has documented her story from injury to rehabilitation on her nataliebarnhard.com website. In excerpts of her journey she wrote, "I have never been so scared in my whole life, because in my mind I knew I had suffered an extremely severe life-changing injury. I became depressed and angry trying to cope and fit back into so-called 'normal' life. I (now) feel that I am receiving the perfect balance of rehab for my physical, emotional and mental healing. I have more hope now than ever before that I will walk again."
Cybex President Arthur W. Hicks suggested to the Buffalo News that Barnhard herself might have caused the accident, "Even the defendant admitted misusing the equipment. This is a product that's been in use since 1983 and continues to be used today."
Attorneys Law and English argued that there were seven other people around the country that are claiming similar accidents with Cybex machines.
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