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THOMAS v. SPORT CITY, INC.

No. 31,994-CA.

738 So.2d 1153 (1999)

Montey E. THOMAS, Plaintiff-Appellant, v. SPORT CITY, INC., Scottsdale Ins. Co. and Cobra Equipment Co., Inc., Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied August 12, 1999.

Attorney(s) appearing for the Case

McKeithen & Johnson by Anita D. McKeithen, Shreveport, Counsel for Appellant, Montey Thomas.

Davenport, Files & Kelly, L.L.P. by William G. Kelly, Jr., Monroe, Counsel for Appellees, Sport City & Scottsdale.

Mayer, Smith & Roberts, L.L.P. by John C. Turnage, Shreveport, Counsel for Appellee, Capps Welding.

Before BROWN, PEATROSS, and KOSTELKA, JJ.

BROWN, J.,

On March 17, 1992, plaintiffs ankle and foot were crushed while he was using a hack squat machine at the Sport City gym facility on Meriweather Road in Shreveport, Louisiana. The equipment had been purchased by Sport City from its manufacturer, Capps Welding, Inc. A bench trial in 1998 resulted in a judgment in favor of plaintiff awarding him general damages in the amount of $45,000 and special damages in the amount of $13,703.35. Comparative fault was...

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