Chappill v. Bally Total Fitness Corp.

Flaintiff, a member of defendant’s health club, suffered a heart attack at the club and was found lying on the floor near a weight training machine. In support of its motion for summary judgment, defendant submitted evidence that club employees immediately called 911, and two employees rushed to plaintiffs side, and checked for a pulse and to see whether or not he was breathing. Those employees, both trained in cardiopulmonary resuscitation (CFR) testified that they did not perform CFR because plaintiff was breathing and therefore it was not appropriate.

The incident occurred prior to…