VALPARAISO | The state appellate court Monday threw out a $9 million jury verdict stemming from an accident nearly eight years ago at The Fitness Barn in Portage Township.

The ruling said the lower court went too far when it prohibited defense attorneys from questioning medical experts about prior injuries suffered by Christopher Berrier, who was awarded the huge verdict.

Berrier has the option of seeking a new trial.

Berrier's attorney, Kenneth J. Allen, disagrees with the ruling and said it was important for Senior Judge Thomas Webber to keep jurors focused on the issues pertinent to the case.

Prior injuries were not relevant to the back injuries Berrier suffered Oct. 28, 1998 when the treadmill he was using stopped, causing him to fall.

Allen said he plans to ask the appellate court judges to reconsider their position. If there is no change, he will ask the state Supreme Court to hear the case.

"This is not over," he said.

Berrier underwent several surgeries in the wake of the health club accident and was ruled permanently disabled, according to the appellate court ruling. While medical experts testified the injuries were due to the treadmill fall, jurors were not told Berrier had earlier suffered numerous back injuries from playing football, a car accident and a fall down seven stairs at work.

Webber had upheld the verdict last summer, rejecting concerns about the relevance of the prior injuries. He said the club failed to provide any independent medical evidence indicating the treadmill injuries had anything to do with the prior incidents.