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FLYNN v. ANYTIME FITNESS, LLC

2022 CA 0742.

360 So.3d 860 (2022)

William FLYNN & Billie Flynn v. ANYTIME FITNESS, LLC, Thornhill Brothers Fitness, LLC d/b/a Anytime Fitness, Markel Insurance Company, et al.

Court of Appeal of Louisiana, First Circuit.

JUDGMENT RENDERED: December 29, 2022.

Attorney(s) appearing for the Case

Robert M. Marionneaux, Jr. , B. Cade Melancon , Baton Rouge, Louisiana, Counsel for Appellants Plaintiffs—William Flynn and Billie Flynn.

Danica Benbow Denny , Kathleen P. Rice , Phoebe A. Hathorn , Colton V. Acosta , New Orleans, Louisiana, Counsel for Appellee Defendant—Anytime Fitness, LLC.

Andre C. Gaudin , E. Alexis Bevis , Counsel for Appellee Thornhill Brothers Fitness, LLC d/b/a Anytime Fitness and Markel Insurance Company.

Before: Welch, Penzato, and Lanier, JJ.

The plaintiffs, William Flynn and his wife, Billie Flynn, appeal a summary judgment granted in favor of defendant, Anytime Fitness, LLC ("Anytime"), dismissing the plaintiffs' claims against Anytime with prejudice. Based on the undisputed material facts, we find, as a matter of law, that Anytime did not owe a duty to the plaintiffs, and...

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