Nickerson v. Nautilus Plus II, Inc.

This is an action brought by plaintiff Pamela A. Nickerson (“Nickerson”) to recover damages allegedly suffered as the result of an injury sustained by the plaintiff while exercising at Nautilus Plus II (“Nautilus”), a health club located in Malden, Massachusetts. The plaintiff has alleged negligence, breach of warranty and violations of §93A against both the defendants. The action is now before the court on defendant Nautilus’s motion for summary judgment on Count II (breach of warranty) and Count III (§93A violation). For the reasons outlined below, defendant Nautilus’s motion for partial…