CHICAGO -- Life Time Fitness says a recent lawsuit by a man who says he contracted a staph infection after using one of the club’s hot tubs is without merit.

David Rivera filed the lawsuit last week in Cook County (IL) Circuit Court. Rivera claims he contracted the staph infection—also called folliculitis MRSA pseudomonas staph aureus—after using the indoor spa on Aug. 16, 2007, at the Life Time Fitness in Schaumburg, IL, according to a report in the Chicago Sun-Times.

Rivera claims Life Time did not properly treat the water in the hot tub and did not keep the water at a proper temperature. He also says that he endured pain and suffering, and was disabled and unable to work, according to the report. He is seeking more than $100,000 in damages, accusing Life Time of negligence and product liability.

“While it is our policy to refrain from commenting on pending legal matters, [we] can state that we are aware of the claim, believe it is without merit and will defend ourselves accordingly,” Life Time said in a statement.

• In other Life Time news, analyst Sharon Zackfia of William Blair & Co. said recently that Life Time should have a solid fourth quarter thanks to a profitable club base and an improving membership mix. All clubs more than three years old are generating a profit, Zackfia said. Also, the fact that Life Time has started to move away from single memberships and are moving back toward families and couples should help Life Time see improvement in dues per member. That would help the company’s fourth-quarter same-store sales and margins, Zackfia said.

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