Jones v. La Fitness Int’l, Ll

2013 WL 3789807 (Pa, 2013)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P was playing basketball on an indoor court at D. Attempting to block a shot, P jumped beyond the baseline and 'suddenly and without warning, fell' into an unpadded section of the back wall of the court, dislocating his elbow. P has suffered severe and permanent injury to the elbow joint, including 'right elbow posterior dislocation, lateral epicondylitis, and joint effusion.' P sued and alleged that D was negligent, careless, or reckless in failing to make the basketball court safe for its designated activity and for failing to warn persons of the dangerous and hazardous condition posed by certain aspects of the court, namely that the padding on its back wall was insufficient. P's expert opined that the basketball court was hazardous for a number of reasons. D moved for summary judgment.

D argues that the expert's testimony is inadmissible, because he is unqualified to offer a medical or 'biomechanical' opinion as to the cause of P's injury, and because he has failed to show that any single alleged defect of the basketball court rendered it inherently unsafe. D argues that even assuming admission of the testimony, P has failed to offer evidence of 'causation' sufficient to withstand a motion for summary judgment because he has failed to prove that he would not have been injured absent the alleged defects.