Your readers may be interested in the latest ruling in Fowler v. Bally Total
Fitness.  (See www.w-g-law.com/cases.) Gary Fowler was my 46-year-old brother who died of sudden cardiac arrest in November 2005 at a Montgomery County Bally Total Fitness.

In January 2005, the Montgomery County Council passed an ordinance requiring AEDs
in fitness centers. None of the Bally clubs in Montgomery County had AEDs at the
time of my brother's death. Finally, some pretty strong language about a fitness center's duty to have AEDs on hand.

The Court found that the waiver and release did not bar a claim for gross
negligence, stating that, “Plaintiff has more than met her burden of demonstrating
gross negligence on the part of Bally in refusing to maintain or deploy an AED at
its Gaithersburg, Maryland facility....” Even where there was no statutory obligation