Coble v. Chicago Health Club, Inc.

The defendant in this case appeals from an order denying its motion to dismiss the plaintiff’s complaint in a wrongful death action on the grounds that action was barred by an exculpatory clause. We dismiss the appeal since there was no final order.

The defendant in this case operates a series of health clubs. Each has a swimming pool. When a person buys a membership in the health Club, he signs a retail installment contract, which contains, tucked in between other clauses, an extremely broad exculpatory clause. Plaintiff’s decedent, a member of the club for several years, drowned in one of…