Lawyer Seeking $5 Million Against LA Fitness Gets A Measly $2,500.00

STATEN ISLAND, N.Y. — A West Brighton-based lawyer made a big splash last year when he sued a Travis gym for $5 million, alleging he was “poisoned” by chemicals in its pool.

As it turns out, a court-appointed referee gave Robert Prignoli a drop in the bucket.

Special Referee Susan Quirk recently awarded Prignoli $2,500 for skin rashes, “severe” hair loss, eye irritation, loss of taste and smell and other problems he allegedly suffered while swimming in the LA Fitness pool in January 2014.

“(Prignoli) has failed to produce sufficient evidence of a cognizable nexus between his alleged injuries and the elevated levels of chlorine and pH (acidity) subsequently detected in (LA Fitness’) pool water to constitute the sole proximate cause of whatever injuries he may have sustained,” wrote Quirk.

Still, she said, while Prignoli’s injuries were “transitory” in nature, the chemical composition of LA Fitness’ pool water “cannot be excluded as a contributing factor.”

Prignoli, who had originally sought $5 million in damages, had reduced his demand to $150,000 at the inquest she held, said Quirk.

But the lawyer is having a hard time swallowing Quirk’s ruling and said he’s filed a motion to vacate it.

“It was an incorrect decision. She did not believe the injuries came from LA Fitness, (but) the issue of liability was already decided,” said Prignoli. “I expect it will be vacated.”

Court records show state Supreme Court Justice Desmond Green granted Prignoli’s motion for default judgment on liability in October of last year after LA Fitness failed to answer the complaint or appear in court.

The judge then assigned Quirk to hold an inquest to determine damages.

Previously, in April 2014, Prignoli had sued LA Fitness in state Supreme Court, St. George, alleging he was “poisoned” by a “hazardous and toxic stew” of chemicals in the pool.

Prignoli, 53, contended he suffered “severe” hair loss, skin rashes, eye irritation, headaches and loss of taste and smell for a time after swimming in the LA Fitness pool.

A registered member of U.S. Masters Swimming, Prignoli said he swims laps for hours at a time to keep in shape.

According to online city Health Department records, the pool was briefly closed during an inspection on Jan. 30, 2014, – 16 days after a Jan. 14 episode in which Prignoli maintained some of his symptoms began manifesting themselves – due to high chlorine content.

The violation was corrected during the inspection and the pool was reopened, records reflect.

Quirk held the inquest in May of this year.

LA Fitness did not attend the hearing, the referee said.

Quirk said she found Prignoli’s testimony on the chronology of the events to be “truthful and accurate.”

However, his testimony regarding the cause of his injuries was “speculative and conclusory in nature,” she said.Lawyer Seeking $5 Million Against LA Fitness Gets A Measly $2,500.00

Prignoli’s injuries were, “at best, a delayed reaction to (his) alleged exposure to the water in the defendant’s pool, which has not been proved to be either ‘poisonous’ or ‘toxic,’ and is arguably consistent with his exposure to one or more allergens, whether here or abroad,” Quirk wrote.

Prignoli, she noted, testified that the lesions on his body disappeared after a few months and his sense of taste and smell returned then.

His hair began growing back after six months.

Still, Quirk said, it was apparent Prignoli had been injured, and deserved some compensation.

LA Fitness did not immediately respond to an e-mail sent to the corporate office seeking comment.