On January 23, 1989, Plaintiff, an 18 year old high school senior and a member of the girls' gymnastics team at Defendant's Manhattan Center For Science & Mathematics, was injured after gymnastics practice when an unmounted balance beam that was leaning up against a wall fell and struck her in the head. The beam was 16 ½ feet long and 4 inches by 6 inches in circumference.

A member of the team testified that Plaintiff and other team members were moving a mounted balance beam when that beam's stanchion struck the unmounted beam, causing it to fall. The student also testified that the unmounted beam was not used during practice that day. Plaintiff's gymnastics coach testified that the balance beam was not usually stored upright, but when it was stored that way other gymnastics equipment was placed in front of it as a barrier.  Fitzgerald & Fitzgerald successfully contended that storing a balance beam in this manner was negligent.

• Concussion with post-concussion syndrome and short-term memory loss
• Headaches
• Sleeplessness
• Depression.

Two days after the incident, Plaintiff underwent a CAT scan which was negative. Plaintiff's sister-in-law testified that Plaintiff was popular and vivacious before the accident, but became withdrawn and unable to follow simple directions after the incident. Plaintifff's mother also testified regarding Plaintiff's complaints of headaches, insomnia, and personality changes.

Defendant's expert testified that all of the neurological tests performed were within normal limits. He contended that Plaintiff's injury was superficial, but there was little or no loss of consciousness, and that all of Plaintiff's symptoms were subjective. He conceded on cross-examination however, that Pltf. was not malingering.

Plaintiff graduated from high school 6 months after the accident and enrolled in college.

Demonstrative Evidence: Balance Beam identical to the one that struck Plaintiff and anatomical model of head and brain.