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Legal Opinion

Marshall v. Bally's Pacwest, Inc.

Court of Appeals of Washington

Decided March 5, 1999No. 22946-3-IIPublishedCited by 31 opinions

1Opinion of the Court

Armstrong, A.C.J.

— Earn Marshall sustained personal injuries while exercising on a treadmill at her health club, Bally’s Pacwest. The treadmill was manufactured by Life Fitness and installed and maintained by Washington Athletic Repair. Marshall filed a negligence action against Bally’s, Life Fitness, and Washington Athletic Repair. Marshall testified at her deposition that she had no recollection of how the accident occurred. The trial court granted summary judgment in favor of the defendants, principally because in the absence of any evidence as to how the accident occurred, Marshall could…

2Cases cited22 opinions

  1. Wilson v. SteinbachWashington Supreme Court · 1982
  2. Young v. Key Pharmaceuticals, Inc.Washington Supreme Court · 1989
  3. Van T. Junkins and Associates, Inc., an Alabama Corporation v. U.S. Industries, Inc.Court of Appeals for the Eleventh Circuit · 1984
  4. LaPlante v. StateWashington Supreme Court · 1975
  5. Schooley v. Pinch's Deli Market, Inc.Washington Supreme Court · 1998

17 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. Ellwein v. Hartford Accident & Indemnity Co.Washington Supreme Court · 2001
  2. Robinson v. Avis Rent a Car System, Inc.Court of Appeals of Washington · 2001
  3. Robinson v. Avis Rent A Car System, Inc.Court of Appeals of Washington · 2001
  4. Martini v. PostCourt of Appeals of Washington · 2013
  5. Clarke v. STATE, ATTORNEY GENERAL'S OFFICECourt of Appeals of Washington · 2006

26 more not listed; retrieve them via the Exa API.

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