Williams v. Hills Fitness Center, Inc.

CHADICK, Justice (Retired).

Mary Pearl Williams and her husband, Jerre S. Williams, sued Hills Fitness Center, Inc., alleging Mrs. Williams was physically injured while using the, Center’s exercise equipment. The action for damages was grounded upon common law negligence and violation of the Texas Deceptive Trade Practices Act, Tex.Bus. & Com.Code Ann. § 17.41, et seq. (Vernon Supp.1985). Special issues to determine negligence and •associated facts were submitted to the jury. No special issues were submitted upon alleged violations of the Deceptive Trade Practices Act. Judgment was entered and…