By James Fink
jfink@bizjournals.com | 716-541-1611

In a ruling that was anticipated, the Appellate Division of State Supreme Court, 4th Judicial Department, reduced a nearly $66 million award to a Cheektowaga woman who became a quadriplegic as the result of a 2004 workplace accident.

The award of $65.9 million last December following an eight-week jury trial in Buffalo was reduced to $46.2 million by the Appellate Division, which sliced $19 million from past and future pain and suffering allocations.

It was the result of an appeal filed by the legal team representing Cybex International Inc. and Amherst Orthopedic Physical Therapy P.C., defendants in the case filed by plaintiff Natalie Barnhard.

The $46.2 million, if it stands, is believed to be one of the highest sums given locally in a civil, personal injury case.

However, the Appellate Division also ordered a new trial concerning the damages award to Barnhard, unless all parties agree to the new settlement.

"We haven't had a chance to discuss with our client," said Kevin English, a partner in Phillips Lytle LLP who represents Barnhard.

Michael Law, also a partner in the firm and part of Barnhard's legal team, said the reduction was not surprising.

"Still, we want to discuss everything with our client," Law said.

Lawyers representing Cybex and Amherst Orthopedic Physical Therapy could not be reached for comment.

The Appellate Division reduced an $8 million past pain and suffering award to $3 million and dropped a $25 million future pain and suffering award to $9 million. Also dropped was $792,435 for the care of potential children.

The division did let stand $151,690 for Barnhard's past lost earnings, $1.68 million for past medical expenses, $1.79 million for future lost earnings and $28.56 million for future medical expenses.

A post-trial motion by Cybex to set aside the jury award and ruling was set aside by the Appellate Division.

"Contrary to the contention of Cybex on its appeal, we conclude that a fair interpretation of the evidence supports the jury's verdict that Cybex was negligent and that its negligence was a substantial factor in causing plaintiff's injuries," the Appellate Division judges said in their ruling.

Last year, Cybex Chairman John Aglialoro, in a statement to Business First, denied his company was negligent.

"We strongly believe that Cybex was not negligent and is in no way responsible for this tragic accident," he said.

Barnhard, 31 was injured when a 608-pound leg extension machine made by Cybex toppled on her while working as an assistant physical therapist at Amherst Orthopedic Physical Therapy.

The accident broke her cervical vertebrae and other bones that compressed on her spinal cord. She became a quadriplegic as a result.

The 21-year-old machine was located in a workout area and fell when Barnhard leaned against it while working with a patient.

She had said she planned to start her own physical therapy business.

Under terms of last year's jury award, Cybex International was deemed 75 percent responsible for the award and Amherst Orthopedics was responsible for 20 percent. Barnhard was responsible for the final 5 percent.

The original case was heard before State Supreme Court Justice Diane Devlin. The jury deliberated for more than six hours before making the award.

Barnhard was 24 at the time of the accident and had received degrees from Villa Maria College and Trocaire College. She had just passed her state boards and became a licensed message therapist before the Oct. 22, 2004, accident.