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Legal Duty and Expert Witness Testimony in the Case of Hilton and KettleBell

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Legal Duty and Expert Witness Testimony in the Case of Hilton and KettleBell

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Questions and Answers

Who was the plaintiff in the case of Gallant v. Hilton Hotels Corp.?

Hilton Hotels Corp.

KettleBell Concepts, Inc.

David Ganulin

Eric Gallant (correct)

What was the basis of Eric Gallant's claim against Hilton Hotels Corp. and KettleBell Concepts, Inc.?

Failure to provide safety waivers

Lack of proper equipment in the class

Inadequate lighting in the room

Negligent hiring and supervision during the class (correct)

Why did Hilton Hotels Corp. and KettleBell Concepts Inc. file a motion for summary judgment?

To admit negligence in supervision

To enforce the signed waiver by Gallant (correct)

To seek financial compensation

To dismiss the case based on lack of evidence

What did Gallant claim was the reason for his injuries during the class?

Negligently permitted participant swinging kettlebells Signup and view all the answers

What legal concept was being argued about the enforceability of the waiver in this case?

Assumption of risk Signup and view all the answers

According to the expert witness, what is the recommended minimum safety cushion between kettlebell lifters?

6 feet by 4 feet Signup and view all the answers

According to the expert witness, what should occur during breaks when no instructors are present?

No movement or swinging of kettlebells should occur Signup and view all the answers

According to the court's analysis, was the waiver signed by Gallant enforceable?

No, the waiver was not enforceable due to ambiguity Signup and view all the answers

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) Signup and view all the answers

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 Signup and view all the answers

According to the court, waivers for what type of acts are considered void?

Willful or grossly negligent acts Signup and view all the answers

What was Hilton's duty regarding maintaining their properties, according to the court?

To exercise reasonable care Signup and view all the answers

In the case involving Mellon and Crunch, why was summary judgment denied for KettleBell?

The court ordered the case to continue against KettleBell Signup and view all the answers

What qualifications did Gavin Umeh have as a personal fitness trainer?

All of the above Signup and view all the answers

What exercise was Mellon performing when she sustained her injury?

Hopping with one foot on a bench and one on the ground Signup and view all the answers