by Mike Sharkey
Staff Writer
A little over two years ago, Pete Royal was exercising at the YMCA on Philips Highway. In a split second, Royal was flat on his back, arms pinned to the floor by two 75-pound dumbbells.
Royal, like he had for several years, was using a popular inflated stability ball during the exercise. That “anti-burst” stability ball failed. Royal badly broke both wrists, rendering him unable to function normally for several months.
Thursday, Royal filed suit in circuit court, naming TKO Sports Group Inc. as the primary defendant in a lawsuit seeking what could become $100,000 in damages. Royal is represented by Eric Ragatz, a partner in the law firm of Peek, Cobb, Edwards & Ragatz.
“Exactly what happened was supposed to be impossible,” said Ragatz. “The ball is supposed to slowly deflate if ruptured.”
According to Ragatz, personnel at the YMCA — codefendants in the lawsuit — were aware of the potential danger the balls presented. He said the same thing happened to another member three to four months earlier. However, that person wasn’t holding any weight and didn’t get hurt.
“We have the sworn testimony of an employee that a ball burst (while someone was on it) without any weights,” said Ragatz. “He (Royal) feels let down by the Y for not sharing information that the ball is defective.”
Michael Obringer is an attorney with the law firm of Marshall Dennehy Warner Coleman & Goggin and represents the YMCA in the case. Obringer said he has not seen the pleading but did question his client’s inclusion. Like most gyms and workout facilities, the YMCA requires that new members sign a waiver that prevents the member from holding the gym liable should they get hurt while working out.
“That’s what most standard waivers cover,” said Obringer. “That’s potentially an issue in this case.”
The piece of equipment in question is the Cory Everson 65 cm Anti-Burst Exercise Ball. A version of that ball — which comes in varying sizes — has become standard equipment in most gyms and can be used in a variety of ways. In Royal’s case, he was using the ball to perform a bench press exercise — one he’d been doing for several years, often with supervision.
Royal said he isn’t filing suit solely for financial recovery and gain, but rather to help spread the word about the dangers of using the ball for anything.
“There was a wrong done here, but some good can come out of it by getting the word out,” said Royal during a press conference Thursday morning at his attorney’s office. “I had done this exercise for several years. I am still in a state of semi-shock.
“For several months, I didn’t have hands. It was the worst 18 months of my life.”
During those 18 months, Royal said his wife Diane did virtually everything for him. She cooked for him, cleaned him, brushed his teeth and drove him around, among many other duties.
According to the suit, Ragatz is seeking damages in excess of $15,000, excluding attorneys’ fees and costs. He said Royal’s medical bills are nearing $100,000 and the value of pain, suffering and lost wages could be determined by a jury.
“The human damages may have to be quantified by a jury,” said Ragatz. “I’m not qualified to say (what those damages are). That’s why we have a jury.”
Royal has recovered well enough to go back to the gym where he still sees the exercise balls. Instead of using them though, Royal said he warns people about them.
“I have not seen any change,” said Royal of the YMCA and the equipment in it. “This has kind of been a hush-hush matter. That’s why I’m filing a suit.”