Legal Opinion
Nearhood v. Anytime Fitness-Kingsville
Louisiana Court of Appeal
Decided November 4, 2015No. 15-308PublishedCited by 3 opinions
1Opinion of the Court
GENOVESE, Judge.
hln this personal injury case, Plaintiff, Thomas Nearhood, appeals the judgment of the trial court granting summary judgment in favor of Fitness Partners of Pine-ville, LA1 (Fitness Partners), one of the defendants in this litigation, finding that Mr. Nearhood failed to meet his burden of proof relative to duty. For the following reasons, we affirm.
FACTUAL AND PROCEDURAL BACKGROUND
On October 22, 2012, Mr. Nearhood was seriously injured2 while exercising on a Precor Smith Squat Machine at Anytime Fitness3 in Pineville, Louisiana. In an attempt to recover for the personal inju-*625rí…
2Cases cited10 opinions
- Hines v. GarrettSupreme Court of Louisiana · 2004
- Faucheaux v. Terrebonne Consol. GovernmentSupreme Court of Louisiana · 1993
- Asbestos v. Bordelon, Inc.Louisiana Court of Appeal · 1998
- Hines v. Remington Arms Co., Inc.Supreme Court of Louisiana · 1994
- State v. NicholasLouisiana Court of Appeal · 2007
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3Cited by3 opinions
- Nearhood v. Anytime FitnessLouisiana Court of Appeal · 2016
- Thomas Nearhood v. Anytime FitnessLouisiana Court of Appeal · 2016
- Thomas Nearhood v. Fitness Partners of PinevilleLouisiana Court of Appeal · 2016