Man sues Athletic Club of Bend

Lawsuit claims he tore hamstring after slipping on puddle of water

staff report / The Bulletin /

A Bend man is suing the Athletic Club of Bend for more than $250,000, alleging the club is responsible for his hamstring tear.

According to a lawsuit filed Feb. 20, Scott Malk was playing basketball at the club on Feb. 3, 2012. The lawsuit alleges that there was water on the court floor and that Malk slipped, fell and tore his hamstring because of it.

The lawsuit alleges that the athletic club was negligent for cleaning the floor while it was in use; for allowing club members to keep playing on the floor while it was being cleaned; for cleaning the floor with water instead of “other methods which do not result in slippery floors following cleaning”; for using a mop that was too wet, and for failing to teach new employees how to properly clean the floor.

In the fall, Malk suffered a tear to his right hamstring, he said, and as a result, he had to have the hamstring surgically reattached and spent more than $6,500 on medical expenses. Malk, who is a real estate broker, also said he lost earnings of up to $100,000.

He declined to comment, and his attorney did not return a call for comment.

The lawsuit asks for $250,000 in noneconomic damages as well as medical expenses and up to $100,000 for lost earnings.

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