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$9 million jury award upheld against Valpo fitness center Aug. 19, 2005 By John Grant Emeigh / Post-Tribune staff writer VALPARAISO — A Post- Tribune reporter’s presence on a jury didn’t taint its decision to issue a $9 million verdict against The Fitness Barn. Porter Superior Judge Thomas Webber Sr. this week upheld the jury’s 2004 ruling after reviewing an appeal by Reliable Development Corp., the owner of The Fitness Barn. The case involved Chris Berrier, 29, who was injured while running on a treadmill owned by The Fitness Barn on U.S. 6 in South Haven in 1998. Berrier, who was a 23-year-old former football player and steel mill worker at the time, sued the company, claiming he suffered permanent spinal injuries when thrown from a treadmill that suddenly stopped. After a five-year legal tug-of-war, a jury final returned with a $9 million ruling in favor of Berrier. Reliable Development quickly appealed the jury’s decision. The judge determined Wednesday that Frank Wiget, who served on the jury while he was a reporter, didn’t compromise the verdict. Attorneys for the fitness center argued that Wiget’s presence on the jury was a conflict because he had written about Reliable Development in the past. Webber dismissed this claim, noting that none of the articles had anything to do with the health club. Wiget retired from the Post-Tribune in July. Kenneth J. Allen, the attorney that represented Berrier, applauded the judge’s ruling. He said the defense had the opportunity to question all the potential jurors before the trial and they selected Wiget. “Frank was very candid and forthright throughout the jury selection process,” Allen said.
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