2015 IL App (1st) 150879
Ill. App. Ct.2016Background
- Offord sued LA Fitness for negligence and willful/wanton conduct after a knee injury on Oct 2, 2012 while he was a guest at an LA Fitness.
- LA Fitness moved to dismiss the negligence claim under 2-619(a)(9) based on a guest waiver; also moved to dismiss willful/wanton under 2-615.
- An evidentiary hearing was held; the parties submitted an agreed statement stating the signature on the waiver was not plaintiff’s, the phone number listed was incorrect, and the roof leakage caused the wet condition.
- The trial court found plaintiff signed the waiver and the waiver was valid, and dismissed the negligence claim; it denied the 2-615 motion.
- On appeal, the majority held the circuit court erred in dismissing the negligence claim, concluding the waiver did not cover the leaking-roof injury; a dissent disagreed.
- The matter was remanded for proceedings consistent with the decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiff signed the guest waiver. | Offord did not sign the waiver. | Waiver signed by Offord; signature valid. | Not against manifest weight; waiver signed. |
| Whether the waiver contemplated the leaking-roof injury. | Injury not within waiver scope; not reasonably contemplated. | Waiver broadly releases claims arising from use of facilities. | Question of fact; not foreclosed by waiver. |
| Proper standard of review for 2-619(a)(9) after an evidentiary hearing. | Review is de novo with factual consideration allowed. | De novo review with fact-finding respect to credibility. | Court reviews both law and fact; not clearly erroneous. |
Key Cases Cited
- Larsen v. Vic Tanny International, 130 Ill. App. 3d 574 (Ill. App. 1984) (foreseeability governs scope of exculpatory clause (waiver) for injuries)
- Hawkins v. Capital Fitness, Inc., 2015 IL App (1st) 133716 (Ill. App. 1st Div. 2015) (falling or distinct injuries not contemplated by broad waivers)
- Platt v. Gateway International Motorsports Corp., 351 Ill. App. 3d 326 (Ill. App. 2004) (scope/notice required for exculpatory clauses; foreseeability standard)
- Garrison v. Combined Fitness Centre, Ltd., 201 Ill. App. 3d 581 (Ill. App. 1990) (exculpatory clauses must clearly cover the contemplated risk)
- Best v. Best, 223 Ill. 2d 342 (Ill. 2006) (manifest weight of the evidence standard for credibility/factual findings)
- Epstein v. Chicago Board of Education, 178 Ill. 2d 370 (Ill. 1997) (2-619(a)(9) treated like summary judgment on legal sufficiency; de novo review)
- Law Offices of Nye & Associates, Ltd. v. Boado, 2012 IL App (2d) 110804 (Ill. App. 2d 2012) (de novo review of 2-619 where evidentiary hearing conducted)