DeValerio v. Vic Tanny International

In this action plaintiff sought to recover damages for a knee injury allegedly suffered while using a vertical leg press machine at a health spa operated by defendant. Plaintiff relied on theories of negligence and breach of express and implied warranties. After a jury trial, a verdict for defendant was returned, and plaintiff appeals as of right. Defendant cross-appeals from the court’s grant of a motion in limine and the denial of defendant’s motion for accelerated judgment.

Plaintiff first argues that the trial court erred by declining to give SJI2d 11.02. A properly requested standard jury…