Melissa Surinski, individually and as parent and natural guardian of Ava Surinski, minor v. Toms River Fitness for Women, Inc., d/b/a Toms River Fitness & Aquatic Center
Client: Toms River Fitness for Women, Inc., d/b/a Toms River Fitness & Aquatic Center
Court: Superior Court of New Jersey, Ocean County
Brief Attorney: Edward F. Kuhn, III, Esq.
**Results may vary depending on your particular facts and legal circumstances**
Plaintiff, Ava Surinski (minor) opened a door to the locker room at the client’s gym after getting out of the pool. The door went over her foot causing a cut requiring stiches. Plaintiff alleged the door was in a defective condition as the removal of slip-proof mats around the pool allowed a large gap between the door and floor to exists that was large enough to go over Plaintiff’s foot causing the injury.
We obtained an engineering expert who found nothing defective with the design, installation or operation of the door. Plaintiff did not have an expert. We filed a motion for summary judgment arguing that Plaintiff has no evidence of negligence as they cannot prove that there was anything defective with the door. The judge granted our motion and barred Plaintiff from making any argument during trial that the door in question was defective. However, the judge denied a complete dismissal of Plaintiff’s Complaint on other grounds.