Dawkins v. Fitness International, LLC

Illinois Supreme Court
Civil Court
Tort Law
Citation
Case Number: 
2022 IL 127561
Decision Date: 
Thursday, May 19, 2022
Holding: 
Appellate court judgment affirmed, circuit court judgment reversed.
Justice: 
MICHAEL J. BURKE

Supreme Court considered whether a physical fitness facility has a duty under either the Physical Fitness Facility Medical Emergency Preparedness Act or the Automated External Defibrillator (AED) Act to use an AED when a patron is having an apparent cardiac event and if the non-use of the AED amounts to willful and wanton misconduct. The court answered the question in the affirmative and held that a duty is imposed by the statutory scheme. (ANNE M. BURKE, GARMAN, THEIS, NEVILLE, and OVERSTREET, concurring. CARTER took no part in the decision.)