Broock v. Nutri/System, Inc.

DECISION AND ENTRY OVERRULING DEFENDANT NUTRI/SYSTEM’S MOTION FOR SUMMARY JUDGMENT (DOC. # 14)

RICE, District Judge.

This case is before the Court on Defendant Nutri/System’s Motion for Summary Judgment (Doc. # 14), which argues that it cannot be liable to the Plaintiff because, as a matter of law, its franchisee, Defendant Thin, Inc., was not its agent. For the reasons set forth below, the Court finds that no actual agency relationship existed between Thin, Inc. and Nutri/System at the time of Sharon Broock’s death, but that genuine issues of material fact exist as to whether there was an…