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BERNSTEIN v. POWERHOUSE GYM OF METAIRIE

No. 08-CA-790.

9 So.3d 254 (2009)

Jonah BERNSTEIN v. POWERHOUSE GYM OF METAIRIE, INC. d/b/a Anconas Gym, Joey Anconas, Jr., East-West Health and Wellness Center, Inc., The Liu Institute, Shawn Liu and Patrick Berry.

Court of Appeal of Louisiana, Fifth Circuit.

Writ Denied May 22, 2009.

Attorney(s) appearing for the Case

Robert J. Young, Jr., Timothy J. Young, Robin Richmond Klibert, The Young Firm, New Orleans, Louisiana, for Plaintiff/Appellant.

Bradford H. Felder, Huval, Veazey, Felder, Aertker & Renegar, L.L.C., Lafayette, Louisiana and Thomas H. Huval, Stephen C. Aertker, Jr., Attorneys at Law, Covington, Louisiana, for Defendant/Appellee.

Panel composed of Judges EDWARD A. DUFRESNE, JR., MARION F. EDWARDS, and CLARENCE E. McMANUS.

MARION F. EDWARDS, Judge.

Plaintiff/appellant, Jonah Bernstein ("Berstein"), appeals a summary judgment in favor of defendants/appellees, The Liu Institute and Shawn Liu, dismissing his suit with prejudice.

The matter arises out of an incident that occurred on January 7, 2005, when Bernstein was taking part in a martial arts class as a student of the Liu Institute. Bernstein, who attended Tulane University, alleged that he was struck in the face and head by...

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