After hitting his head on a slide, swimmer sues fitness center

Michelle Massey, East Texas Bureau Aug. 27, 2009, 9:00am


SHERMAN – Attempting to cool off on a Texas summer day in August 2008, Steven Rank was planning to slide down the water slide into the pool at a fitness center.

But Rank claims he never made it to the pool because he hit his head on an unpadded metal crossbar located right above the entrance to the water slide.

Rank filed a personal injury lawsuit against Life Time Fitness Inc., located in Allen, on June 29 in the 296th Judicial District of Collin County. The defendant removed the case to federal court in the Sherman Division of the Eastern District of Texas on Aug. 25.

The plaintiff believes Life Time Fitness failed to inspect and maintain the premises. Specifically, Rank alleges that the defendant was negligent for "failing to maintain the premises in question in a reasonably safe condition and free of hazards to plaintiff and other invites entering the premises."

Rank alleges that Life Time Fitness failed to correct the unreasonably dangerous condition that was created by the metal cross bar of the water slide, failed to properly inspect the premises to discover the unreasonably dangerous condition, failed to properly train its employees and failed to implement proper policies, rules, or procedures to make the premises relatively safe.

Rank is seeking damages for physical pain and suffering, mental anguish, physical impairment and medical expenses.

The plaintiff is requesting a trial by jury.

Dallas attorneys Brian A. Eberstein, Amy K. Witherite, and Shelly T. Greco of the law firm Eberstein and Witherite, LLP. are representing the plaintiff.

U.S. District Judge Michael H. Schneider is assigned to the litigation.

Case No 4:09cv00419

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