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SCHLOBOHM v. SPA PETITE, INC.

No. 81-1193.

326 N.W.2d 920 (1982)

Sandra C. SCHLOBOHM, et al., Respondents, v. SPA PETITE, INC., Appellant.

Supreme Court of Minnesota.

December 10, 1982.

Attorney(s) appearing for the Case

Gilmore, deLambert, Aafedt, Eustis & Forde and John R. deLambert, Minneapolis, for appellant.

Rietz, Rietz & Rietz and Dean K. Rietz, Owatonna, for respondents.

Considered and decided by the court en banc without oral argument.

KELLEY, Justice.

The appellant, Spa Petite, Inc., the operator of a gym or health spa run for profit, in an action for damages claiming personal injuries commenced by one of its patron-customers, moved the trial court for summary judgment relying on a clause in the membership contract between it and the plaintiff, purporting to exculpate it, its agents and employees from liability to members for personal injuries arising out of negligence. In denying the motion, the...

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