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

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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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