Ill. Justices Revive Suit Over Non-Use Of Gym Defibrillator

By Mike Curley (May 20, 2022, 5:10 PM EDT) -- The Illinois Supreme Court has ruled that state law regulating the use of automated external defibrillators, or AEDs, creates a duty for gym employees to use the devices when patrons are having a cardiac event, and that non-use would be a willful and wanton misconduct.

In an opinion filed Thursday, the justices affirmed the revival of two claims in Leo Dawkins' suit against Fitness International LLC, which runs LA Fitness, alleging that when his wife had a cardiac event while working out, its employees failed to administer the AED on her in a timely manner, resulting in permanent brain damage....

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