Hellweg v. SPECIAL EVENTS MANAGEMENT
956 N.E.2d 954
Ill. App. Ct.2011Background
- Plaintiff Hellweg sued for negligence arising from a 2009 bicycle race on municipal streets organized by defendants.
- The course was advertised as a closed course; a nonparticipant minor, Quevedo, collided with Hellweg during a warm-up on the course.
- Hellweg alleges defendants failed to close the course as promised, contributing to his injuries.
- Defendants moved to dismiss the negligence claims with prejudice under section 2-619, relying on a Release signed by Hellweg.
- Hellweg contends the Release is unenforceable because the risk of a nonparticipant on a closed course was not foreseeable.
- Trial court granted the 2-619 dismissals; Hellweg appeals under Supreme Court Rule 304(a).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Enforceability of the exculpatory release | Hellweg says the release is unenforceable because the risk was not foreseeable. | Release unambiguously absolves Releasees from claims arising from their own negligence. | Release enforceable; dismissals affirmed. |
| Scope of the release for collisions with nonparticipants | Release does not cover a collision with a nonparticipating minor on the course. | Release covers collisions on the course, including with pedestrians and other objects. | Release broad enough to include plaintiff's collision with Quevedo. |
| Foreseeability and risk contemplation | Foreseeability of the exact act was not contemplated; thus not within the release. | Foreseeability is broader; risks ordinarily accompanying the activity are within the release. | Foreseeability and broad risk scope support enforceability. |
Key Cases Cited
- Garrison v. Combined Fitness Centre, Ltd., 201 Ill.App.3d 581 (Ill. App. 1990) (exculpatory clause scrutinized against bargaining power and public policy)
- Falkner v. Hinckley Parachute Center, Inc., 178 Ill.App.3d 597 (Ill. App. 1989) (strict construction against party benefiting from release)
- Larsen v. Vic Tanny International, 130 Ill.App.3d 574 (Ill. App. 1984) (foreseeability defines scope of exculpatory clause)
- Schlessman v. Henson, 83 Ill.2d 82 (Ill. 1980) (racing context recognizing broad release scope)
- Simpson v. Byron Dragway, Inc., 210 Ill.App.3d 639 (Ill. App. 1991) (whether injury is within risks traditionally associated with activity)
- Van Meter v. Darien Park District, 207 Ill.2d 359 (Ill. 2003) (purpose and standard for 2-619 motions)
- Saichek v. Lupa, 204 Ill.2d 127 (Ill. 2003) (precedent on releases and comparative analysis)
- Porter v. Decatur Memorial Hospital, 227 Ill.2d 343 (Ill. 2008) (public policy and release review framework)