Carey v. Paxton Post 306

INTRODUCTION

On October 19, 1995, the plaintiff, Jane M. Carey, filed a complaint against the defendants, Paxton Post 306, The American Legion, Inc. (Paxton Post) and Weight Watchers North America, Inc. (Weight Watchers), for negligence. On February 14, 1997, this matter came before the Court for hearing on the motions for summary judgment of Paxton Post and Weight Watchers. For the reasons discussed below, the court ALLOWS Weight Watchers’ motion for summary judgment and DENIES Paxton Post’s motion for summary judgment.

*166BACKGROUND

The following undisputed facts emerge from the pleadings,…