On Aug. 20, 2013, plaintiff Timothy Provost, 33, a sheriff’s deputy, was working out at Menifee Fitness 24/7, a 24-Hour fitness center in Menifee. Provost claimed that during the course of performing leg squats with a barbell atop his shoulders, a plyometric box he was using slid out from under him, causing him to fall to the floor. Provost claimed he injured his right knee. Provost sued the operator of Menifee Fitness 24/7, Fitness Express 24/7 Inc. Provost alleged that Fitness Express failed to properly maintain its gym equipment in a reasonably safe condition. Provost claimed that he was doing the leg squats with a 135-pound barbell weight atop his shoulders, but that when he placed his left leg in the center of the plyometric box and then raised his right leg to waist level, the box slid out from under his left leg, causing the full weight of the barbell to bear down on his right knee. Provost’s fitness equipment expert testified that there were no rubber stops on the bottom surface of the plyometric box to prevent it from sliding out from under Provost’s leg. Thus, he opined that the gym departed from the standard of care by failing to properly maintain its equipment in a safe condition and that the gym’s failure to repair the box created a dangerous condition. Defense counsel noted that Provost was a former college athlete who also played professional football for the New England Patriots. Thus, counsel argued that Provost was comparatively negligent in causing his injury. The defense’s biomechanics expert testified that weight training is a big part of fitness training for football players and that Provost had many years of experience with it. He also opined that the plyometric box was properly maintained and that it could not have slid out from under Provost. Thus, he opined that Provost simply lost his balance. The biomechanics expert further testified that weight lifting is an inherently dangerous activity, of which that Provost was fully aware, and opined that Provost was negligent for placing such a heavy weight (135-pound barbell) atop his shoulders when performing the leg exercises., Provost sustained a tear of the patellar tendon in his right knee between the knee cap and tibia. He was subsequently taken by ambulance to a local emergency room. Provost ultimately underwent surgical repair consisting of sutures placed through the proximal aspect of patellar tendon and tied through the four holes drilled into the tibia. He then underwent six weeks of physical therapy. Provost claimed that he suffers residual pain when squatting or running. Thus, Provost sought recovery of damages for his past medical costs, and past and future pain and suffering. Defense counsel argued that Provost made a good recovery from surgery and had no physical limitations. Defense counsel also noted that Provost was able to return to his physically demanding job of deputy sheriff.