Lively v. Libbey Memorial Physical Medical Center, Inc.

Robert H. Dudley, Justice.

Libbey Memorial Physical Medical Center, Inc., defendant below and appellee on appeal, provides physical medicine and fitness services to the public. It allows its employees and their families to use its exercise and fitness center as a fringe benefit of employment. Kim Lively, plaintiff and appellant, an employee of Libbey Memorial, was injured on March 26, 1987, an off-work day, while using one of the whirlpools at Libbey Memorial’s exercise and fitness center.

On March 23, 1989, just before the worker’s compensation statute of limitations expired, Lively filed a…