Legal Opinion

Nearhood v. Anytime Fitness

Louisiana Court of Appeal

Decided May 4, 2016No. 15-1142PublishedCited by 1 opinion

1Opinion of the Court

AMY, Judge.

I,The plaintiff was injured when the weighted bar of a Smith machine1 fell on him. Thereafter, the plaintiff filed suit against the operators of the gym where the injury occurred, the franchisor of the •gym, and the manufacturer of the equipment. The franchisor filed a motion for summary judgment. After a hearing, the trial court granted that motion and dismissed the plaintiffs claims against the franchisor. The plaintiff appeals. For the following reasons, we affirm.

Factual and Procedural Background

The plaintiff, Thomas Nearhood, was exercising at an Anytime Fitness location when…

2Cases cited12 opinions

  1. Day v. AllenLouisiana Court of Appeal · 1930
  2. Mundy v. OrnsbyLouisiana Court of Appeal · 1930
  3. Dupree v. City of New OrleansSupreme Court of Louisiana · 2000
  4. Riggs v. OPELOUSAS GENERAL HOSP. TRUSTLouisiana Court of Appeal · 2008
  5. RIVER OAKS v. Blue Cross of LouisianaLouisiana Court of Appeal · 1992

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3Cited by1 opinion

  1. William Flynn and Billie Flynn v. Anytime Fitness, LLC, Thornhill Brothers Fitness, LLC d/b/a Anytime Fitness, Markel Insurance CompanyLouisiana Court of Appeal · 2022

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