The plaintiff, Maria Papadakis, was injured when she slipped and fell on an unsecured piece of equipment while exercising at the defendant health club under the supervision of the personal trainer. The court was found to have erred in dismissing counts alleging willful and wanton acts by the personal trainer; it was sufficiently pleaded in the complaint of respondeat superior liability for willful and wanton conduct and negligence of the personal trainer.
Papadakis sued the health club, its corporate affiliate and the personal trainer, Chad Drake, for negligence and willful and wanton conduct. She also sued the Fitness 19 Defendants under a theory of respondeat superior for the conduct of their employee, Drake.
The trial court dismissed the direct claims of willful and wanton conduct against the Fitness 19 Defendants but left intact the willful-and-wanton allegations against the personal trainer, Drake. That was the ruling that was challenged in this appeal.