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10 ¦ NOVEMBER 23, 2020 NEWS

For 38-Year-Old Who Died Minutes After
Joining Gym, Suit Hinges on Signed Waiver

By Robert Storace

T Orangetheory Fitness in Milford. Photo: Google
he family of a 38-year-old Milford man who liabilities, allegations, and causes of action of any
died less than an hour after he joined a local kind arising as the result of such activity.”
fitness center has filed a wrongful death lawsuit Iannaccone filed the wrongful death lawsuit, cit-
against the gym, in a case that will boil down to the ing both negligence and recklessness, in New Haven
waiver signed. Superior Court against the facility and trainer Heidi
“He did sign a waiver, so we will have to get over Langan on Nov. 13. The fitness center was served
that hurdle. But it’s a fairly weak waiver. The law in with the lawsuit this week, Iannaccone said.
Connecticut is fairly unfavorable to these kinds of Iannaccone argues the facility and Langan were
waivers. In this state, it’s very difficult to waive ordi- neglectful because it “was obvious Mr. McCarty was
nary negligence, and the kind of negligence that the overweight and probably obese. No one asked him
victim would not necessarily anticipate. We think if he had done interval training or high-intensity
the waiver will probably be declared invalid based on training, or really whether he had worked out at all.”
their negligence,” said plaintiffs counsel Paul Iannac- Iannaccone said that McCarty, who was 6 feet tall
cone, a partner with RisCassi & Davis in Hartford. and weighed 252 pounds, was inexperienced with
The waiver Craig McCarty signed after he joined interval training at the time of his death.
Orangetheory Fitness in Milford on May 16, 2019, Iannaccone said Orangetheory should have either
says, in part: “In recognition of the possible dangers denied McCarty the ability to use the gym or, at the
connected with any physical activity, the under- very least, watched him carefully. Neither was done,
signed waives any and all costs, claims, charges, Iannaccone said.

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