Man alleges 24-Hour Fitness machine's failure to lock caused knee fracture

By Kristine Gonzales-Abella | Oct 19, 2018

HOUSTON – A Houston man alleges he needed surgery after injuring his knee while working out at a gym in the city.

Troy Malveaux filed a complaint on Sept. 27 in the Harris County District Court against 24-Hour Fitness USA Inc., Joel Bochereaux Jr. and Jeff Prendergast alleging negligence.

According to the complaint, the plaintiff alleges that on Oct. 2, 2016, he was working out with weight-bearing exercise machine at defendants' fitness center when the machine's mechanism failed to lock when he re-engaged the locking mechanism. He alleges as a result, he sustained a left knee patellar tendon avulsion fracture and needed surgery.

The suit states Bochereaux and Prendergast are managers at the gym.

The plaintiff holds 24-Hour Fitness USA Inc., Bochereaux Jr. and Prendergast responsible because the defendants allegedly failed to supervise the plaintiff in his use of the machine, failed to adequately inspect and repair the machine and failed to warn of the machine's risk.

The plaintiff seeks monetary relief of more than $100,000 and all other legal and equitable relief to which he is entitled. He is represented by James Carlos Canady of Canady Law Firm in Houston.

Harris County District Court case number 2018-68852

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