Brian H. Akin, Individually and on Behalf of the Estate of Ted Akin v. Bally Total Fitness Corporation

IN THE

TENTH COURT OF APPEALS

No. 10-05-00280-CV

Brian H. Akin, Individually

and on Behalf of the Estate

of Ted Akin, Deceased,

Appellant

v.

Bally Total Fitness Corporation,

Appellee

From the 17th District Court

Tarrant County, Texas

Trial Court No. 17-201031-03

MEMORANDUM Opinion

Akin’s father drowned in the swimming pool at Bally’s health club. Akin brought wrongful death and survival actions against Bally for ordinary negligence, gross negligence, violations of the Texas Deceptive Trade Practices–Consumer Protection Act (DTPA), premises liability, fraud, and breach of contract. See Tex. Bus. & Comm.…