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NIMIS v. ST. PAUL TURNERS

No. C4-94-223.

521 N.W.2d 54 (1994)

Marion NIMIS, et al., Appellants, v. ST. PAUL TURNERS, et al., Respondents.

Court of Appeals of Minnesota.

September 6, 1994.

Attorney(s) appearing for the Case

Lewis A. Remele, Jr., Kevin P. Hickey, Minneapolis, for appellants.

Robert G. Haugen, Johnson & Lindberg, P.A., Minneapolis, for respondents.

Considered and decided by SHORT, P.J., and PARKER and RANDALL, JJ.

OPINION

RANDALL, Judge.

Marion Nimis was a member of the St. Paul Turners health club when she was injured during a stretching demonstration. She and her husband, Gerard Nimis, sued the club. The club moved for summary judgment but the trial court denied the motion. The case went to trial and the jury, by special verdict, found that a term waiving liability from a previous membership contract was effective, apportioned fault, and determined damages.

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