On Jan. 22, 2009, plaintiff Nicole Gottlieb, 25, a personal fitness trainer employed at a fitness club, was asked by a co-worker, another personal trainer, to demonstrate a piece of exercise equipment called the “Accelerator” during her free time to the co-worker’s training client. Gottlieb had only used the equipment once before. While demonstrating the Accelerator, Gottlieb was instructed and encouraged by the co-worker to try and stretch as far as she could go. When she attempted to return to her starting position she changed her lean angle, causing the rearward force of the band to propel her backward approximately 8 to 10 feet. She landed on her outstretched arms, them. Gottlieb sued the fitness club; the machine’s manufacturer, Hark’n Technologies Inc.; and the machine’s distributor, Power Systems Inc. Plaintiff’s counsel alleged that the equipment manufacturer and distributor provided defective instructions and warnings, and that the fitness club provided negligent instruction on the use of the equipment and negligently failed to do any assessment of the equipment prior to it being placed in the gym. Counsel also contended that the equipment did not come with warnings about the inherent risks associated with its use and had no instructions that provided guidance on the proper way to use the equipment. Primarily, Gottlieb claimed that there was no indication that the user must always lean forward while exercising with the equipment. The fitness club contended that it and its personal trainer were not negligent in instructing Gottlieb as to how the Accelerator should be safely used. All three defendants contended that the Accelerator was not defective in its design, warnings or instruction, and that Gottlieb ignored warnings to “stay low” while using it. Thus, the defendants asserted that Gottlieb was comparatively negligent., Gottlieb was treated by emergency medical technicians at the scene and was transported to an emergency room, where she was diagnosed with Colles’ fractures of the radius and ulna bones in both wrists. She underwent closed reductions of both wrists at the hospital and, within a week, required open reduction and internal fixation of both wrists. Gottlieb also sustained a stretch injury to her left median nerve. Gottlieb was unemployed for approximately 3 to 4 months and returned to work as a fitness trainer. She had lost wages of approximately $7,000. Gottlieb claimed that the wrist prevent her from participating in certain physical activities required of a fitness trainer. She also asserted that her condition would worsen over time, and that she would require additional surgery and ongoing pain management. However, Gottlieb was not treating with any physician at the time of trial. The amount paid for past medical services was disputed. Defense counsel asserted that the amount was between $22,000 to 40,000.