KELEMAN v. QUINTON FITNESS EQUIPMENT, INC.


41 A.D.3d 172 (2007)

838 N.Y.S.2d 51

BARBARA KELEMAN, Appellant, v. QUINTON FITNESS EQUIPMENT, INC., et al., Respondents, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided June 12, 2007.


Plaintiff claims that she fell off a treadmill when it suddenly increased in speed after her hand inadvertently struck the control panel's acceleration button, and submits an engineer's opinion that the treadmill was defectively designed in that its acceleration button was located only five inches from the right edge of the control panel where a user might be expected to hold onto the treadmill for balance. However, plaintiff, at her deposition, unequivocally stated that...

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