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HUSSEIN v. L.A. FITNESS INTERN., L.L.C.

No. 1-12-1426.

987 N.E.2d 460 (2013)

2013 IL App (1st) 121426

369 Ill. Dec. 833

Sahal HUSSEIN, Plaintiff-Appellant, v. L.A. FITNESS INTERNATIONAL, L.L.C., d/b/a Pro Results, Defendant-Appellee.

Appellate Court of Illinois, First District, Fifth Division.

March 22, 2013.

Attorney(s) appearing for the Case

Robert A. Shipley , Shipley Law Group Ltd., Chicago, for appellant.

James M. Rozak , Rachel S. Nevarez , wiedner & McAuliffe, Ltd., Chicago, for appellee.

OPINION

Justice McBRIDE delivered the judgment of the court, with opinion.

¶ 1 The issue on appeal is whether plaintiff's negligence suit regarding serious personal injuries he suffered while using exercise equipment at a fitness club is barred, under Minnesota law, by an exculpatory clause in his contract with the club. The circuit court of Cook County determined the clause warranted the dismissal of plaintiff's first amended complaint with prejudice...

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