APPELLATE HIGHLIGHTS

  • SEE ALL
  • CONTRIBUTING AUTHORS

Howe v. Momentum LLC, 2020 UT App 6 (Jan. 3, 2020)

Jan 3, 2020

In this interlocutory appeal, the defendant climbing gym appealed the denial of its motion for summary judgment.  The court of appeals held the district court did not abuse its discretion in denying the defendant’s motion, which was based in part on a challenge to an expert’s qualifications.  The court held that the expert’s “training as a professional engineer with experience in ‘forensic engineering and accident analysis in recreational settings,’ ‘slip and fall accident analysis,’ and ‘warnings, design, and standard of care issues’ qualifies him to assist the finder of fact in making a determination of the standard of care in the indoor-climbing industry,” despite the lack of any training or experience with indoor climbing gyms.