15 Questions
Who was the plaintiff in the case of Gallant v. Hilton Hotels Corp.?
Eric Gallant
What was the basis of Eric Gallant's claim against Hilton Hotels Corp. and KettleBell Concepts, Inc.?
Negligent hiring and supervision during the class
Why did Hilton Hotels Corp. and KettleBell Concepts Inc. file a motion for summary judgment?
To enforce the signed waiver by Gallant
What did Gallant claim was the reason for his injuries during the class?
Negligently permitted participant swinging kettlebells
What legal concept was being argued about the enforceability of the waiver in this case?
Assumption of risk
According to the expert witness, what is the recommended minimum safety cushion between kettlebell lifters?
6 feet by 4 feet
According to the expert witness, what should occur during breaks when no instructors are present?
No movement or swinging of kettlebells should occur
According to the court's analysis, was the waiver signed by Gallant enforceable?
No, the waiver was not enforceable due to ambiguity
According to the expert witness, what is the recommended minimum area that should be maintained around kettlebell lifters?
5 feet (side to side) and 7 feet (front to back)
Did Hilton have a duty to protect its guests against gross negligence by its lessee, KettleBell?
Yes, Hilton had a duty to protect its guests
According to the court, waivers for what type of acts are considered void?
Willful or grossly negligent acts
What was Hilton's duty regarding maintaining their properties, according to the court?
To exercise reasonable care
In the case involving Mellon and Crunch, why was summary judgment denied for KettleBell?
The court ordered the case to continue against KettleBell
What qualifications did Gavin Umeh have as a personal fitness trainer?
All of the above
What exercise was Mellon performing when she sustained her injury?
Hopping with one foot on a bench and one on the ground
Explore the legal duty of Hilton to protect its guests against negligence by its lessee, KettleBell, as discussed in expert witness testimony. Dive into the expert's recommendations regarding kettlebell safety standards.
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