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NEARHOOD v. ANYTIME FITNESS

No. 15-1142.

191 So.3d 707 (2016)

Thomas NEARHOOD v. ANYTIME FITNESS, et al.

Court of Appeal of Louisiana, Third Circuit.

May 4, 2016.

Attorney(s) appearing for the Case

Ernie L. Vallery , Alexandria, LA, for Plaintiff/Appellant, Thomas Nearhood.

Andrew D. Weinstock , Duplass, Zwain, Bourgeois, Pfister & Weinstock, Metairie, LA, for Defendants/Appellees, Anytime Fitness, LLC, Precor, Inc.

Ashley C. Wimberly , Baton Rouge, LA, for Defendant/Appellee, Fitness Partners of Pineville.

Court composed of JIMMIE C. PETERS, MARC T. AMY, and DAVID KENT SAVOIE, Judges.

The plaintiff was injured when the weighted bar of a Smith machine1 fell on him. Thereafter, the plaintiff filed suit against the operators of the gym where the injury occurred, the franchisor of the gym, and the manufacturer of the equipment. The franchisor filed a motion for summary judgment. After a hearing...

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