1:12-cv-09345
N.D. Ill.Feb 26, 2014Background
- Antowine Locke joined a Life Time Fitness club; he later collapsed at the club while playing basketball.
- Antowine’s death occurred on February 3, 2013; his widow is Tracy A. Locke, the plaintiff.
- Plaintiff asserts club employees failed to retrieve an available AED, delaying EMS treatment.
- Plaintiff alleges multiple negligent acts by club employees, including misinforming 911, improper emergency planning, and inadequate training.
- Plaintiff asserts wrongful death (Count I), willful and wanton misconduct (Count II), and Family Expense Act claim (Count III).
- Defendant Life Time Fitness removed the case to federal court and moved for summary judgment on Count I; motion denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Exculpatory Clause bars Locke’s wrongful death claim | Exculpatory clause does not explicitly cover inadequate training. | Clause should preclude claims arising from negligence within its scope. | Exculpatory clause does not bar the claim to the extent based on inadequate training. |
| Scope of the Exculpatory Clause regarding training for emergencies | Training deficiencies fall outside expressly stated risks yet are contemplated as risks of the activity. | Clause covers risks arising from medical/survival procedures but not lack of training. | Clause does not expressly cover inadequate training; not preclusive. |
| Public policy considerations of enforcing the Exculpatory Clause | Enforcement would be contrary to public policy due to personal circumstances and electronic signing. | Illinois public policy generally upholds exculpatory clauses when properly drafted. | Exculpatory Clause not contrary to public policy; enforceable except for inadequate training. |
Key Cases Cited
- Hamer v. City Segway Tours of Chicago, LLC, 930 N.E.2d 578 (Ill. App. Ct. 2010) (strict construction of exculpatory clauses against the drafter; must identify specific risks)
- Evans v. Lima Lima Flight Team, Inc., 869 N.E.2d 195 (Ill. App. Ct. 2007) (scope of risks within exculpatory clauses)
- Scott & Fetzer Co. v. Montgomery Ward & Co., 493 N.E.2d 1022 (Ill. 1986) (exculpatory clauses must clearly reference types of activities or dangers)
- Garrison v. Combined Fitness Centre, Ltd., 559 N.E.2d 187 (Ill. App. Ct. 1990) (language must be explicit and unequivocal about covered risks)
- Jewelers Mut. Ins. Co. v. Firstar Bank Illinois, 792 N.E.2d 1 (Ill. App. Ct. 2003) (general language insufficient to cover negligence absent explicit terms)
- Hellweg v. Special Events Management, 956 N.E.2d 954 (Ill. App. Ct. 2011) (public policy supports contractual waivers when properly drafted)
- Hussein v. L.A. Fitness Intern., L.L.C., 987 N.E.2d 460 (Ill. App. Ct. 2013) (enforcement of exculpatory clauses upholds contracting parties’ rights)