Archive for the ‘Illinois’ Category

Rather Shallow – Man Broke His Neck Diving Into Lake; Risk Deemed Open and Obvious (IL)

September 16, 2015

Bujnowski v. Birchland, Inc. (Illinois)
(not published)

The plaintiff was visiting a recreational area operated by the defendant.  He dove off a pier into a lake on the property and broke his neck.  He sued the defendant alleging that the defendant had no employees monitoring the area, and that the defendant was negligent in failing to supervise or train customers properly on the use of the are and failing to warn them of the dangers of using the area.  The defendant filed a motion for summary judgment on the basis that it did not owe a duty to plaintiff because the danger of diving into water was open and obvious.  The trial court granted the defendant’s motion, and the plaintiff appealed.

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Carried Away – Woman Injured on Zip Line; Enforcement of Release Dependent on “Common Carrier” Factual Determination (IL)

August 28, 2015

Dodge v. Grafton Zipline Adventures, LLC (Illinois)

Plaintiff was a paying guest on an aerial zip line course operated by the defendant.  Like the other guests, plaintiff was outfitted with a harness and pulley system that attached to the suspended cables and was supposed to allow her to control her speed by braking on descents.  However, on the eighth run on the zip line course, the plaintiff’s braking system failed.  She approached the landing platform as a high rate of speed, and she struck the trunk of the tree on which the lading platform was mounted.  Plaintiff filed a complaint against the defendant alleging that the defendant was a common carrier that breached its duty of care by negligently designing and operating the zip line course, intentionally and recklessly violating safety regulations promulgated by the Illinois Department of Labor, and thereby engaging in willful and wanton misconduct.  Plaintiff also alleged that defendant was negligent in instructing her, inspecting and maintaining the braking system, and failing to prevent the incident.

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Mirror Mirror Off the Wall – Fitness Member’s Injury Claim Relating to Falling Mirror Survives Release Motion (IL)

June 16, 2015

Hawkins v. Capital Fitness, Inc. (Illinois)

Plaintiff was a member of the defendant’s fitness club.  He was injured when a mirror fell from the wall and struck him in the head.  As a result, he filed a personal injury action, alleging the negligent failure to secure the mirror or warn patrons about the mirror.  The defendant filed a motion for summary judgment based on the “Disclaimers, Waiver, Release, and Indemnification” language found in the defendant’s membership agreement.  The trial court granted the motion, entering judgment for the defendant, and the plaintiff appealed. (more…)

The Shaft

August 29, 2012

Nesbitt v. NMCA, et. al (Illinois – pending)
(A drag racer injured when a driveshaft broker and entered the cockpit is suing multiple parties, including the racing association, the sanctioning body, and the chassis manufacturer.)

CompetitionPlus.com recently posted a story here about the lawsuit filed in Cook County Court.  The article includes an initial response from the National Muscle Car Association (“NMCA”).  The NMCA is not surprised about the lawsuit considering the current state of the judicial system and is very confident in its ability to defend the claim, particularly in light of the waiver and release agreement signed by Nesbitt prior to participation.

NOTE: Legal claims that arise out of these types of incidents that appear to derive from nothing more than the risks inherent in a dangerous sporting activity like motorsports are obviously a significant reason for inconsistency and high cost associated with sports insurance products.