Stacy Fulco and Brian Shaughnessy secure Illinois Appellate Court ruling upholding summary judgment for fitness club based on exculpatory provisions


The Illinois Appellate Court, First District upheld a summary judgment ruling in favor of a fitness club following a member’s alleged injury from the use of an exercise resistance tube that broke.  The plaintiff and his wife filed a complaint sounding in negligence, spoliation of evidence and willful and wanton conduct and the circuit court granted summary judgment on all counts.  The Appellate Court ruled there was no genuine issue of material fact and summary judgment was affirmed because: the fitness membership agreement was valid and enforceable; exculpatory provisions in the agreement barred the plaintiffs' negligence claims; exculpatory provisions in the agreed barred the plaintiff's spoliation claims because they were mere derivatives of the negligence claims; and there was no genuine issue of material fact regarding whether the fitness center's conduct constituted an utter indifference to or conscious disregard for a patron's safety.  Keevil v. Life Time Fitness, Inc., et al., 2016 IL App (1st) 151551-U.

Click here for a copy of the opinion.