Michelle Keahey Jan. 7, 2013, 3:34pm
NEW ORLEANS - A Tangipahoa Parish man has filed a lawsuit claiming he broke his hip after using a treadmill that was improperly repaired, which resulted in a sideways incline.
Antonio F. Anzalone and Paulette Jo Spitale Anzalone filed suit against Sears, Roebuck and Co., Sears Home Improvement Products Inc., Sears Protection Co. and John Doe on Aug. 10, 2012 in Tangipahoa Parish District Court.
The plaintiffs claim that Antonio Anzalone was using a treadmill repaired by the defendants and was injured because the treadmill was not properly repaired. The treadmill at issue is a Pro-Form XP 550s and was purchased on Nov. 29, 2005. The plaintiffs initiated a service call for the treadmill on Aug. 10, 2011 and a service technician responded the following day. According to the lawsuit, the technician repaired the motor and replaced the tread.
After the repair, Antonio Anzalone attempted to use the treadmill and experienced “excruciating pain in his right groin.” He sustained severe injuries in the incident, including a broken hip.
After the injury, Anzalone states he inspected the treadmill and noted that the walking platform was not level, resulting in a notable sideways incline. He also noticed that the walking belt actually moved at a speed greater than the corresponding numbered speed button.
The defendant is accused of negligence for failing to correctly and properly service and repair the subject treadmill, and for negligently servicing and repairing the treadmill so as to create an unsafe and injurious exercise environment.
Anzalone is seeking an award of damages for physical pain and suffering, mental anguish, scarring and disfigurement, medical expenses, loss of enjoyment of life, loss of consortium, service and society, interest, court costs, and attorney’s fees.
The plaintiff is represented by Stephen C. Aertker Jr. of Lamothe Lea Aertker in Covington. A jury trial is requested.
U.S. District Judge Jay C. Zainey is assigned to the case.
Case No. 2:12-cv-02950