SAN FRANCISCO (CN) - A federal judge dismissed with prejudice a class action claiming that a sporting goods company's doorway pull-up bar contains a potentially fatal defect.
Lead plaintiff Matthew Weininger claimed that Implus Footcare's "Perfect Multi-Gym" fitness product places users at risk of injury or even death because its key feature -- an exercise bar installed over the top of a doorframe -- requires the user's weight to hold it in place.
Weininger claimed the inherent flaw in the products design is that few users can maintain "a complete vertical presence" during a pull-up, since the body's natural inclination is for the legs to swing forward on the way up and to backward on the way down.
This "pendulum like effect" is inevitable, he said, and as a result the bar can detach from the door frame and send its user to the ground.
In its motion to dismiss the suit, Implus Footcare argued whatever fault might exist, it was in Weininger's claims.
Specifically, the company said Weininger's complaint failed to show that any of the "tens of thousands" of Multi-Gyms that had been sold had ever injured anyone. Further, it said, Weininger failed to assert that his Multi-Gym had failed to perform as intended, or that he even used the product.
"Because his conclusory claims of potential harm are entirely speculative, Plaintiff lacks standing to sue, either individually or on behalf of the putative class," the company said. "Even if Plaintiff had standing, his Complaint fails to state claims upon which relief could be granted."
U.S. District Judge William Orrick agreed.
Weininger is represented by Richard Lambert ofStonebarger Law in Folsom. Implus Footcare is represented by Troy Yoshino of Carroll Burdick in San Francisco. Neither side could be reached for comment.
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