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Torts Keyed to Goldberg
Jones v. LA Fitness International, LLC
Facts
Khalif Jones, Plaintiff, was injured while playing basketball on an indoor court at one of L.A. Fitness International, LLC, Defendant’s, health clubs. Plaintiff had hit the back wall, resulting in the dislocation of his elbow. Plaintiff’s complaint stated that Defendant was negligent because it did not make the basketball court safe and it did not warn its members of the dangerous conditions that result from the insufficient padding on the back wall. Defendant timely removed the action from state court to federal district court on the basis of diversity jurisdiction. Defendant motioned for summary judgment and to preclude the testimony of Jones’s expert witness, Steve Bernheim, on the grounds that it is inadmissible under Federal Rule of Evidence (“FRE”) 702. Bernheim, a sports and recreation consultant, stated that the basketball court failed to comport to national standards because the basketball court had insufficient clearance between the baselines and the back wall and insufficient padding along the back wall. Defendant contended that Bernheim was not qualified to give a medical or biomechanical opinion. The district court reviewed Defendant’s motions.
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