VALPARAISO | Senior Judge Thomas Webber has upheld a $9 million jury verdict stemming from an accident nine years ago at The Fitness Barn in Portage Township.

Webber dismissed a claim that the verdict was tainted by the presence of a local newspaper reporter on the jury.

He also rejected an argument that stated the business should have been allowed to present jurors with evidence about Christopher Berrier's past injuries.

The ruling came as good news Wednesday to attorney Kenneth J. Allen, who represented Berrier.

Berrier, of Porter, suffered permanent spinal injuries when the treadmill he was using at the health club stopped and he struck his head on the display panel and twisted his back, Allen has said.

The jury attributed 90 percent of the fault for the accident to the health club operator, Reliable Development Corp., which challenged the verdict based in part on jury bias.

It was argued that Post-Tribune reporter Frank Wiget, who has since retired, did not reveal he had written news articles in the past involving officials with Reliable Development.

Webber said Wiget has written thousands of stories over his 36-year career and only a few involved Reliable Development. Those stories involved the corporation's development work and had nothing to do with the health club.

"All the jurors were Porter County residents and could be considered impliedly aware of the South Haven development," he said.

Attorneys did not ask potential jurors ahead of time if they knew the officials with Reliable Development and Wiget said he did not make the connection himself until after the verdict was decided, according to Webber.

"He was as honest as can be, really," Allen said.

Webber also stood by a ruling that prohibited evidence during the trial of past injuries suffered by Berrier. The business presented no independent medical evidence indicating the injuries in question had anything to do with prior incidents, Webber said.