20 F. Supp. 3d 669
N.D. Ill.2014Background
- Locke, wife of Antowine Locke, sues Life Time Fitness for wrongful death after Antowine collapsed at a club and allegedly did not receive timely AED assistance.
- Antowine allegedly died from sudden cardiac arrest; EMS arrived after over six minutes and could not save him.
- Locke asserts multiple negligent-club actions by Life Time employees, including failure to use AED, misreporting asthma to 911, poor emergency planning, inadequate training, insufficient on-site trained staff, and poor crowd control.
- Life Time removed the case and moves for partial summary judgment on Count I (wrongful death).
- Antowine signed a Member Usage Agreement containing an exculpatory clause that broadly waives liability for injuries and other risks.
- Illinois law disfavors exculpatory clauses and requires them to spell out explicitly the covered risks; the clause here may not expressly cover alleged inadequate training for emergency response.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the Exculpatory Clause bar the wrongful death claim? | Locke argues clause does not explicitly cover inadequate emergency training. | Life Time contends clause broadly covers injuries and negligence, including medical decisions. | Exculpatory clause not explicit; does not preclude wrongful death claim. |
| Whether the Exculpatory Clause scope includes inadequate employee training for emergencies. | Training deficiency is not expressly contemplated by the clause. | Clause reasonably covers risks arising from medical procedures and survival decisions. | Clause does not explicitly encompass inadequate emergency training; not barred. |
| Is the Exculpatory Clause enforceable under Illinois public policy? | Enforcement would be against public policy given conduct and survivor's interests. | Exculpatory clauses are generally enforceable when properly drafted. | Clause enforceable to extent it covers claims other than training, but not to bar the training-related claim. |
Key Cases Cited
- Hamer v. City Segway Tours of Chicago, LLC, 930 N.E.2d 581 (Ill. App. Ct. 2010) (exculpatory clauses strict against the benefactor)
- Cox v. U.S. Fitness, LLC, 2 N.E.3d 1215 (Ill. App. Ct. 2013) (exculpatory clause language governs scope; training case distinction)
- Garrison v. Combined Fitness Centre, Ltd., 559 N.E.2d 187 (Ill. App. 1990) (clear, explicit language required to release negligence duties)
- Evans v. Lima Lima Flight Team, Inc., 869 N.E.2d 195 (Ill. App. 2007) (scope of implied risks in activities)
- Scott & Fetzer Co. v. Montgomery Ward & Co., 493 N.E.2d 1022 (Ill. 1986) (interpretation of exculpatory language)
- Hellweg v. Special Events Management, 956 N.E.2d 954 (Ill. App. 2011) (exculpatory clauses enforceability considerations)