Legal Opinion
Paz v. LIFE TIME FITNESS, INC.
District Court, S.D. Texas
Decided December 16, 2010No. Civil Action H-09-2804PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM AND OPINION
LEE H. ROSENTHAL, District Judge.
This is a personal injury suit brought by parents individually and on behalf of their minor daughter. The child was injured in June 2008 while attending a summer day camp at a fitness center in Sugarland, Texas. The defendants have moved for summary judgment on the basis of their affirmative defense of release. (Docket Entry No. 22). The defense is based on a “participation agreement” the mother signed when she enrolled the child in the program. The agreement includes one section labeled “ASSUMPTION OF RISK” and another labeled “RELEASE…
2Cases cited23 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Little v. Liquid Air Corp.Court of Appeals for the Fifth Circuit · 1994
- Boudreaux v. Swift Transportation Co.Court of Appeals for the Fifth Circuit · 2005
- Zivich v. Mentor Soccer Club, Inc.Ohio Supreme Court · 1998
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3Cited by2 opinions
- Kelly v. United StatesDistrict Court, E.D. North Carolina · 2011
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