Hussein v. L.A. Fitness International, LLC

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (1st) 121426
Decision Date: 
March 22, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Justice: 
McBRIDE
Holding: 
Affirmed.
Exculpatory clause in fitness club contract barred Plaintiff's negligence suit for injuries sustained and rendering him a quadriplegic while using exercise equipment at club facility in Chicago. Minnesota law applies, given choice-of-law provision in contract, and sufficient relationship with Minnesota as Plaintiff resided there at time of contract. Exculpatory contract is enforceable and not barred by public policy, and Plaintiff thereby agreed to exonerate fitness club from liability for negligence. (HOWSE and PALMER, concurring.)