ORLANDO v. FEI HOLLYWOOD, INC.

No. 4D03-3241.

898 So.2d 167 (2005)

John ORLANDO, Appellant, v. FEI HOLLYWOOD, INC., a Florida corporation d/b/a Club Body Tech and Eva Orlando, his wife, Appellees.

District Court of Appeal of Florida, Fourth District.

March 9, 2005.


Attorney(s) appearing for the Case

Keith A. Schafer of Chikovsky, Ben & Schafer, Hollywood, for appellant.

John H. Richards and Warren B. Kwavnick of Cooney, Mattson, Lance, Blackburn, Richards & O'Connor, P.A., Fort Lauderdale, for Appellee-FEI Hollywood, Inc.


BERGER, WILLIAM J., Associate Judge.

This is an appeal from a final summary judgment for the defendant in a personal injury case. Plaintiff/appellant, John Orlando, alleged he was physically injured at defendant's gym when the patron next to him threw dumb bells to the floor. He alleged the resulting loud noise and the person's close proximity to him caused him to turn so suddenly to see if the weights were going to hit his feet (they did not) that his back "popped...

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