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WILLIAMS v. HILLS FITNESS CENTER, INC.

No. 9351.

705 S.W.2d 189 (1985)

Mary Pearl WILLIAMS, et vir., appellants, v. The HILLS FITNESS CENTER, INC., Appellee.

Court of Appeals of Texas, Texarkana.

Rehearing Denied December 31, 1985.

Attorney(s) appearing for the Case

Broadus A. Spivey, Spivey, Griggs & Kelly, Austin, for appellants.

Richard McCarroll, Michael G. Mullen, Brown, Maroney, Rose, Barber & Dye, Austin, for appellee.

Before CORNELIUS, C.J., and BLEIL and CHADICK, JJ.

CHADICK, Justice (Retired).

Mary Pearl Williams and her husband, Jerre S. Williams, sued Hills Fitness Center, Inc., alleging Mrs. Williams was physically injured while using the Center's exercise equipment. The action for damages was grounded upon common law negligence and violation of the Texas Deceptive Trade Practices Act, Tex.Bus. & Com.Code Ann. § 17.41, et seq. (Vernon Supp.1985). Special issues to determine negligence and associated facts were submitted...

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