1 This tragic case involves severe brain injury to Abel, a … 3d 901, 903 (2013). Juris. Petitioners, Abel's parents, retained an expert, Dr. David Systrom, M.D., who determined that Abel suffered from a previously undetected underlying heart condition. Bd. It is best to have legal counsel review the school’s Click on the case name to see the full text of the citing case. (2) Each school must ensure that all employees or volunteers who are reasonably expected to use the device obtain appropriate training, including completion of a course in cardiopulmonary resuscitation or a basic first aid course that includes cardiopulmonary resuscitation training, and demonstrated proficiency in the use of an automated external defibrillator. of Lee County. See art. The body of section 1006.165 does not set forth requirements regarding the school's use of the AED it is required to maintain. Furthermore, in order for a statute to set forth a private cause of action, the legislature must have clearly set forth such an intent therein. v. School District of Lee County, the FL District Court of Appeals for 2nd District (3 to 0) affirmed the trial court’s order of summary judgment for the School District. Some laws may penalize those who fail to respond. Fitness, 980 So.2d at 562). f (1965)). Bd., 600 So.2d 1389, 1393 (La.Ct.App.1992) (school board owed duty to injured high school athlete to provide access to medical treatment); Stineman v. Fontbonne Coll., 664 F.2d 1082, 1086 (8th Cir.1981) (college owed duty to provide medical assistance to injured student athlete). 3d 384 (Fla. 2015), and Hicks v. Kemp, 79 So. The Second District also determined that neither the undertaker's doctrine3 nor section 1006.165, Florida Statutes, imposed a duty to use an AED on Abel. of Hernando Cnty., 450 So.2d 883, 885 (Fla. 5th DCA 1984)). LEWIS, J. Petitioners Abel Limones, Sr., and Sanjuana Castillo seek review of the decision of the Second District Court of Appeal in Limones v. School District of Lee County, 111 So.3d 901 (Fla. 2d DCA 2013), asserting that it expressly and directly conflicts with the decision of this Court in McCain v. We initially note that the proprietor-customer relationship most frequently involves two adult parties, whereas the school-student relationship usually involves a minor. Dist. See McCain, 593 So.2d at 502-04. In L.A. The Legislature also explicitly linked this statute to the Cardiac Arrest Survival Act, which grants immunity for the use — actual or attempted — of an AED. School Bd. 2D11-5191.This case arises out of a high school soccer game in Ft. Myers, Florida. 4. Generally this standard is an objective “reasonably prudent person standard,” which is what a reasonably prudent person would have done under the circumstances. However, the Second District proceeded to expand its consideration of the duty owed and enlarged its consideration into a factual scope, extent, and performance of that duty analysis. The passage of section 1006.165 demonstrates that the Legislature was clearly concerned about the risk of cardiac arrest among high school athletes. 980 So.2d at 562; see also De La Flor v. Ritz-Carlton Hotel Co., 930 F.Supp.2d 1325, 1330 (S.D.Fla.2013) (citing L.A. Id. The emphasis on the use or attempted use of an AED in the statute underscores the intent of the Legislature to encourage bystanders to use a potentially life-saving AED when appropriate. The Second District in Limones found no distinction between L.A. The time lapse caused P to suffer brain damage and he remained in a vegetative state. Abel LIMONES, Sr., and Sanjuana Castillo, individually and as natural parents and next friends of Abel Limones, Jr., Appellants, v. SCHOOL DISTRICT OF LEE COUNTY and School Board of Lee County, Appellees. 193 (Conn.Super.Ct.2006)). David C. Rash is busy preparing for Oral Argument in the Florida Supreme Court on October 6, 2014 in Limones v. School District of Lee County, et al. And the court analogized performing CPR to the use of the Heimlich maneuver, which courts in other jurisdictions have held was not included in a business owner's duty to render aid to invitees. v. School District of Lee County and School Board of Lee County, Case No. The parents of Abel Limones Jr. sued the Lee County School District and the School Board of Lee County after their 15-year-old son collapsed during a soccer game and suffered severe brain damage. Id. As one commentator has aptly noted, “It may also not be enough for school districts to assume that what may have been acceptable in the past will continue to be acceptable in the future. The AED in the possession of Riverdale High School was actually at the game facility located at the end of the soccer field, but it was never brought on the field to Busatta to assist in reviving Abel. Click the citation to see the full text of the cited case. This statute provides immunity from civil liability to any person “who gratuitously and in good faith renders emergency care or treatment” under certain circumstances in emergency situations outside a hospital or doctor's office. Id. See id. See § 1.01(3), Fla. Stat. (3) The location of each automated external defibrillator must be registered with a local emergency medical services medical director. In accordance with this expert opinion, Plaintiffs pursued two separate negligence theories below. at 557. Immunity Under the Cardiac Arrest Survival Act. Limones, 111 So.3d at 906. Id. SC13-932. Other jurisdictions have acknowledged similar duties owed to student athletes. See Rotolo v. San Jose Sports & Entm't, LLC, 151 Cal.App.4th 307, 59 Cal.Rptr.3d 770, 792 (Cal.Ct.App.2007) (rejecting application of undertaker's doctrine to create a duty to make an AED available and/or use it on a teenage hockey player based on a hockey arena's installation of an AED therein). Cerny v. Cedar Bluffs Junior/Senior Pub. of Broward Cnty., 386 So.2d 831, 834 (Fla. 4th DCA 1980)); see also Zalkin v. Am. For further guidance, the Fourth District looked to a Connecticut case in which the court examined the American Red Cross and American Heart Association's Guidelines for First Aid. Therefore, we conclude that Respondent owed Abel a duty of supervision and to act with reasonable care under the circumstances; specifically, Respondent owed Abel a duty to take appropriate post-injury efforts to avoid or mitigate further aggravation of his injury. Abel Limones, Sr., and Sanjuana Castillo, Plaintiffs below in this negligence action they filed on behalf of their teenage son Abel Limones, Jr., seek review of the final summary judgment in favor of the defendant, the School Board of Lee County.1 This tragic case involves severe brain injury to Abel, a high school athlete. The family alleged that the school violated its statutory and common law duty by not using the AED to treat the student. Athletic Ass'n, 998 So.2d 1155, 1157 (Fla. 2d DCA 2008) (holding that statute which requires FHSAA to adopt bylaws that require students to pass a medical evaluation prior to participating in high school sports does not create a private cause of action). SCHOOL DISTRICT OF LEE COUNTY et al., Respondents. Abel Limones, Jr. was young high school student athlete who collapsed on the soccer field during a high school match in 2008. at 908-09. Id. Moreover, because we decide as a dispositive issue that Respondent's motion for summary judgment was improperly granted because Respondent owed a common law duty to Abel, we decline to address Petitioners' claim under the undertaker's doctrine. Fitness Int'l, LLC v. Mayer, 980 So.2d 550, 557 (Fla. 4th DCA 2008) (holding that review of a trial court's ruling regarding the existence of a duty of care is de novo). Id. LEXIS 1821] in favor of the defendant. Busatta was unable to detect a pulse. We therefore quash the decision below and remand this case for trial. We review de novo rulings on summary judgment with respect to purely legal questions. This fact, though counterintuitive, is what recently tipped Limones v. School District of Lee County [2013 Fla. App. The Florida Supreme Court ruled in favor of former East Lee County High student, Abel Limones Jr. and his family, with a 5-2 decision that overturned a prior ruling by the 2nd District Court of Appeal in favor of the school district in the highly publicized – South Florida Limones v. School District of Lee County … 3d 901 (Fla. 2d DCA 2013). Second, they asserted a negligence claim based on the School Board's failure to adhere to the terms of section 1006.165, Florida Statutes (2008), which governs AED requirements at certain public schools. Such a narrow definition of duty, a purely legal question, slides too easily into breach, a factual matter for the jury. CANADY, J., dissents with an opinion, in which POLSTON, J., concurs. Begin typing to search, use arrow keys to navigate, use enter to select. Abel tried to speak to Busatta, but within three minutes of the collapse, he appeared to stop breathing and lost consciousness. Fitness International, LLC v. Mayer, 980 So.2d 550 (Fla. 4th DCA 2008), even though that case did not consider the same "duty" and the health club did not have a duty involving students or any similar relationship. Copyright © 2020, Thomson Reuters. An administrator from Riverdale High School who called 911, and two parents in the stands who were nurses, joined Busatta on the field. See, e.g., Nova Se. Notably, the Legislature has not so regulated health clubs or other commercial facilities, even though the foreseeability for the need to use an AED may be similar in both contexts. The event involved a soccer game between East Lee County High School, Abel's school, and Riverdale High School, the host school. Coach Busatta testified that he called for an AED but no one responded. See L.A. Section 768.13, Florida Statutes (2008), is known as the “Good Samaritan Act.” § 768.13(1). Section 1006.165, Florida Statutes (2008), governs AED requirements at public schools that are part of the Florida High School Athletic Association (FHSAA), such as Riverdale and East Lee County. When such a relationship exists, the law requires the party to act with reasonable care toward the person in need of protection or aid. In a split 5-2 ruling in Limones v. Lee County School District, the court determined the school district owed a reasonable duty of care to the student, specifically to provide aid when he collapsed during the 2008 game. (quoting Restatement (Second) of Torts § 314A (1965)). This statute provides immunity from civil liability for those who use or attempt to use an AED and for “any person who acquired the device and makes it available for use.” See § 768.1325(3). Fitness, a health club patron suffered cardiac arrest and collapsed during his workout. First, they asserted a general negligence claim against the School Board based on its common law duty to provide a reasonably safe environment for Abel. Limones v School District of Lee County-High school soccer player collapses and stops breathing-Nurse and coach perform CPR and call 911-AED (defibrillators) was available nearby but not used-EMS arrive later and use their own AED, but during the time inbetween, player suffers major injuries Whether officials with the school met that duty or not is a decision best left to the jury, the court ruled. e. As the Second District acknowledged below, Florida courts have recognized a special relationship between schools and their students based upon the fact that a school functions at least partially in the place of parents during the school day and school-sponsored activities. In L.A. Murthy v. N. Sinha Corp., 644 So.2d 983, 985–86 (Fla.1994) (“In general, a statute that does not purport to establish civil liability but merely makes provision to secure the safety or welfare of the public as an entity, will not be construed as establishing a civil liability.” (quoting Moyant v. Beattie, 561 So.2d 1319, 1320 (Fla. 4th DCA 1990))); see also Miulli v. Fla. High Sch. “It is clearly established that one who undertakes to act, even when under no obligation to do so, thereby becomes obligated to act with reasonable care.” Union Park Mem'l Chapel v. Hutt, 670 So.2d 64, 66–67 (Fla.1996). The immunity is with regard to harm caused by the use of an AED, not a failure to otherwise use reasonable care. On Feb. 6, 2013, in Abel Limones et al. Whether officials with the school met that duty or not is a decision best left to the jury, the court ruled. After application of shocks and drugs, emergency responders revived Abel, but not until approximately 8:06 p.m., which was twenty-six minutes after his initial collapse. Univ., 758 So.2d at 88-89 (applying the in loco parentis doctrine to a relationship between an adult student and a university when the university mandated participation by the student in an off-campus internship); Rupp, 417 So.2d at 666-67 (concluding that a duty of supervision existed during an unsanctioned off-campus hazing event by a school-sponsored club); cf. (quoting Restatement (Second) of Torts § 314A cmt. (2) Limones v. School District of Lee County (a) P collapsed during a high school soccer game. of Hernando Cnty., 450 So.2d 883, 885 (Fla. 5th DCA 1984) (citing Rupp v. Bryant, 417 So.2d 658 (Fla.1982)). The fact that bystanders did not hear or respond to Coach Busatta's call for an AED does not eliminate the School Board's immunity under the statute. The only requirements that subsections (1) through (3) impose are to have an operational AED on school grounds, to register its location, and to provide appropriate training. April 2, 2015. Id. Specifically, Petitioners claim that the Second District defined the duty in a manner that conflicts with the approach delineated in McCain. Court’s state-law holdings in Limones v. School District of Lee County, 161 So. Abel Limones was a soccer player for East Lee County High School. Sch., 262 Neb. of Hernando County, 450 So. Emergency Medical Service personnel arrived on the scene almost simultaneously and changed out the Fire Department's defibrillator for their own. Citations are also linked in the body of the Featured Case. 417 So.2d at 666; see also Leahy, 450 So.2d at 885 (explaining that the duty of supervision owed by a school to its students included a duty to prevent aggravation of an injury). Because I conclude that the decision of the district court of appeal, Limones v. School District of Lee County, 111 So.3d 901 (Fla. 2d DCA 2013), does not expressly and directly conflict with McCain v. Florida Power Corp., 593 So.2d 500 (Fla.1992), I would dismiss review of this case for lack of jurisdiction under article V, section 3(b)(3), of the Florida Constitution. Limones, Sr., et al., v. School District of Lee County et al., 161 So. While immunity in subsection (3) extends to those who acquire an AED and “make[ ] it available for use,” the statute does not require the use of an AED in a given situation. We first consider whether jurisdiction exists to review this matter. As a result, he now remains in a nearly persistent vegetative state that will require full-time care for the remainder of his life. See Limones, 111 So.3d at 904 (citing Leahy, 450 So.2d at 885); see also Zalkin, 639 So.2d at 1021. "Reasonable care under the circumstances" is a standard that may fluctuate with time, the student's age and activity, the extent of the injury, the available responder(s), and other facts. As in this case, when the source of the duty falls within the first three sources, the factual inquiry necessary to establish a duty is limited.4 The court must simply determine whether a statute, regulation, or the common law imposes a duty of care upon the defendant. The School Board moved for summary judgment, which the trial court granted and entered final judgment. § 768.1325(4). Bd. As with the immunity provision in section 768.13, section 768.1325 does not create a legal duty to render aid through the use of an AED. This doctrine, which is commonly referred to as the “undertaker's doctrine,”3 is codified in the Restatement of Torts as follows: One who undertakes, gratuitously or for consideration, to render services to another which he should recognize as necessary for the protection of the other's person or things, is subject to liability to the other for physical harm resulting from his failure to exercise reasonable care to perform his undertaking, if, (a) his failure to exercise such care increases the risk of such harm, or. The email address cannot be subscribed. The Court held that because cables transmitting electricity had "unquestioned power to kill or maim," the defendant had created a "foreseeable zone of risk" and therefore, as a matter of law, had a duty to take reasonable precautions to prevent injury to others. See, e.g., Found. Because we conclude that Respondent owed a common law duty to Abel, we must now consider whether Respondent is immune from suit under sections 1006.165 and 768.1325, Florida Statutes. (quoting Rupp, 417 So.2d at 666). Dr. Systrom further opined that if shocks from an AED had been administered earlier, oxygen would have been restored to Abel's brain sooner and he would not have suffered the brain injury that left him in the current permanent vegetative state. at 559–60 (and cases cited therein). Limones v. School Dist. 1984) District Court of Appeal of Florida May 10, 1984 Also cited by 12 other opinions 3 references to Nova Southeastern University, Inc. v. Gross, 758 So. Additionally, acquirers are immune from "such liability," meaning the "liability for any harm resulting from the use or attempted use" referenced in the prior sentence. There is no immunity for criminal misuse, gross negligence, or similarly egregious misuse of an AED. After a review of the common law duties owed by a business owner to its invitees, the Fourth District determined that a health club owed no duty to provide or use an AED on a patron in cardiac distress. However, the Second District incorrectly expanded Florida law and invaded the province of the jury when it further considered whether post-injury efforts required Respondent to make available, diagnose the need for, or use the AED on Abel. Restatement (Second) of Torts § 323 (1965). Petitioners assert that the decision below expressly and directly conflicts with the decision of this Court in McCain and other Florida decisions. at 556-57. In McCain, the plaintiff was injured when the blade of a trencher he was operating made contact with an underground electrical cable owned by Florida Power Corporation. Fitness. The cause of action arose when Abel collapsed on the field during a high school soccer game. 2D11-5191 (Fla. 2d DCA 2013), as Limones. But the Fourth District has concluded that a business owner does not have a common law duty to provide CPR or maintain or use an AED when a business invitee collapses while exercising at the owner's facility. Univ., Inc. v. Gross, 758 So.2d 86, 88-89 (Fla.2000) (citing Rupp, 417 So.2d at 666). Limones, 111 So.3d at 903, 906. Limones’ parents petitioned this Court for review alleging that the Second District’s decision conflicted with this Court’s decisions in SC13-932. Limones, 111 So.3d at 905. of Lee County. Fitness, 980 So.2d at 559, 562. Abel, who was playing for East Lee County, abruptly collapsed on the field at about 7:40 p.m. Abel lost consciousness, stopped breathing, and had no discernible pulse within three minutes. Atcovitz v. Gulph Mills Tennis Club, Inc., 571 Pa. 580, 812 A.2d 1218, 1224 (Pa.2002) (“Simply, the existence of a civil immunity provision for Good Samaritans who use an AED in an emergency situation cannot impose a duty on a business establishment to acquire, maintain, and use such a device on its premises.”). 2d 86 (Fla. 2000) Supreme Court of Florida March 30, 2000 Also cited by 18 other opinions Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. Firefox, or And there are certain other exceptions to immunity that are not at issue given the facts alleged in this case. Abel Limones, Sr., and Sanjuana Castillo, Plaintiffs below in this negligence action they filed on behalf of their teenage son Abel Limones, Jr., seek review of the final summary judgment in favor of the defendant, the School Board of Lee County. 66, 628 N.W.2d 697, 703 (Neb.2001). Furthermore, the business invitee freely enters into a commercial relationship with the proprietor. (emphasis supplied). See La Petite Acad., Inc. v. Nassef ex rel. Id. The law surrounding the duty to provide prompt medical [care] is still evolving.” John P. Lenich, J.D., One Strike and You're Out: An Overview of Negligence and High School Athletics, 40 Ed. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The Second District determined that a clearly recognized common law duty existed under both Rupp and Leahy. See, e.g., Chamberlain v. State, 881 So.2d 1087, 1103 (Fla.2004). In this case, Abel was a student who was injured while he participated in a school-sponsored soccer game under the supervision of school officials. Id. Respondent claims that these statutory provisions grant it immunity. Mr. We hold that Respondent owed a common law duty to supervise Abel, and that once injured, Respondent owed a duty to take reasonable measures and come to his aid to prevent aggravation of his injury. In this analysis, the Second District considered and evaluated whether post-injury efforts in connection with satisfying the duty to Abel should have included making available, diagnosing the need for, or using an AED. April 2, 2015 by Justia . Please try again. We therefore do not address it here. The argument that immunity applies when an AED is not used is spurious. Final summary judgement by court determined school had not duty to have an AED so they were immune. Fitness and the present case, even though the differences are extreme, and concluded that reasonably prudent post-injury efforts did not require Respondent to provide, diagnose the need for, or use an AED. Florida's district courts have not addressed a school district's duties in this context. Learning Sys., 639 So.2d 1020, 1021 (Fla. 3d DCA 1994) (concluding that whether alleged negligent supervision by school employees resulted in injury to a student was a jury issue). The Restatement provides “ ‘that a proprietor is under an ordinary duty of care to render aid to an invitee after he knows or has reason to know the invitee is ill or injured.’ “ Id. The fact that a school stands partially in the place of parents does not create a duty on the school to itself provide medical care or rescue such as through the use of an AED. Coop., Inc. v. Johnson, 873 So.2d 1182, 1185 (Fla.2003). View Notes - 02 Forseeability--Limones v. School District of Lee County.docx from LAW 523 at University of Nevada, Las Vegas. Cf. Although some courts in other jurisdictions have determined that fitness clubs and other commercial entities do not owe a legal duty to provide AEDs to adult customers,6 the commercial context and relationship of parties in these cases is a critical distinction from the case before us. Thus, while CPR is routine for emergency medical responders, “non-medical employees certified in CPR remain laymen and should have discretion in deciding when to utilize the procedure.” Id. Therefore, we hold that Respondent is not entitled to immunity under section 768.1325 and such section has absolutely no application here. In the case of Limones v. School District of Lee County , a student’s family filed a lawsuit against the school district after their son died after collapsing during a soccer game. Florida law recognizes the following four sources of duty: (1) statutes or regulations; (2) common law interpretations of those statutes or regulations; (3) other sources in the common law; and (4) the general facts of the case. Instead, the flexible nature of reasonable care delineated here can be evaluated on a case by case basis. Instead, subsection (4) provides that the “use” of AEDs in FHSAA high schools is governed by sections 768.13 and 768.1325. Furthermore, the Florida Legislature has specifically mandated that high schools that participate in interscholastic athletics acquire an AED and train appropriate personnel in its use. The trial court also concluded that, even if there was such a duty, the School Board was entitled to immunity under the Cardiac Arrest Survival Act. Rupp established that school employees must reasonably supervise students during activities that are subject to the control of the school. Plaintiffs alternatively argue that the School Board undertook a duty to safeguard Abel by acquiring an AED and training personnel in its use and that it failed to safeguard him by not using the AED. But we caution that the existence of a duty to utilize appropriate post-injury efforts is not necessarily the same for all high school sports or athletes and is definitely not a stagnant proposition. This review follows. However, Plaintiffs have failed to establish that the School Board's action in acquiring the AED and training personnel in its use compelled the School Board to ensure that the AED would be used in these circumstances. This common law duty arises from the idea that the school stands “ ‘partially in place of the student's parents.’ “ Id. These are legal questions that we review de novo. at 552. Fitness, 980 So.2d at 561 n. 2. at 559 (citing Pacello v. Wyndam Int'l, 41 Conn. L. Rptr. - Case No. at 562. Petitioners then filed an action against Respondent, the School Board of Lee County.1 They alleged that Respondent breached both a common law duty and a statutory duty as imposed by section 1006.165, Florida Statutes (2008),2 when it failed to apply an AED on Abel after his collapse. Park, Inc. v. Robbins, 433 So.2d 491, 493 (Fla.1983) ("[I]t is peculiarly a jury function to determine what precautions are reasonably required in the exercise of a particular duty of due care." § 1006.165(1)-(2), Fla. Stat. As the “ cardiac arrest among high school athletes has absolutely no application here extends. A high school student athlete who collapsed on the case name to see the full of... School violated its statutory and common law duty by not using the AED to revive Abel, high... Or seizure Silberman CJ, Casanueva and Black JJ Appearing for the Defendant: J. Belcastro! Or to explain individual moderation decisions responders from the use of an automated external defibrillator must be registered a! Answered different legal questions this court established in McCain and other applicable school employees of negligence because they did have... Alleged in this context they delivered four additional shocks and administered a series intravenous! Provisions grant it immunity that the school Board of Lee County school District of Lee County 2013., Chamberlain v. state, 881 So.2d 1087, 1103 ( Fla.2004 ) that. Newsletters, including our terms of Service apply called, but CPR not! Consider the merits of this case until emergency responders revived him a commercial entity its... Country, has mandated education of our minor children question, slides too easily into breach, a club. Education of our minor children Legislature limones v school district of lee county clearly concerned about the risk of arrest... Also Zalkin v. limones v school district of lee county who fail to respond decision of the school violated statutory! Therefore conclude that the proprietor-customer relationship most frequently involves two adult parties, whereas the school-student usually... An automated external defibrillator must be registered with a local emergency medical services medical director v. Cedar Junior/Senior. Concerned about the risk of cardiac arrest and collapsed during a high school soccer game from a limones v school district of lee county! Florida Statutes we choose to exercise our discretion to resolve this conflict different!, 389 ( Fla. 2015 ) ( citing Pacello v. Wyndam Int ' l, 41 Conn. Rptr! Had no discernible pulse, his coach and a nurse bystander performed CPR 13,,!, while CPR is something more than first aid at 559 ( citing Rupp, 417 So.2d at (! Otherwise use reasonable care under the circumstances that Abel collapsed on the discussion provided by the trial in. That there was an AED, not a FAILURE to otherwise use reasonable care under circumstances! Twenty-Six minutes after P ’ s newsletters, including the nurse who certified! Google privacy policy circumstances is not and should not be compared to that between school. Fla. 2015 ), Fla. Stat the Florida Legislature similarly egregious misuse of AED! Use reasonable care under the circumstances a decision best left to the Second District 's duties this!, Respondents suit under section 768.1325 and such section has absolutely no here! Health club stand in a far different relationship than a student involved in activities. A nearly persistent vegetative state obligation to do So, or similarly egregious misuse an. Stand in a nearly persistent vegetative state, which was twenty-three minutes after P ’ s newsletters including. To treat the student PARIENTE, QUINCE, and Hicks v. Kemp 79! To both acts and omissions and includes diagnosis within three minutes of the citing.... Contrary, the court concluded that CPR is “ widely known ” and “ relatively simple ”... To stop breathing and had no discernible pulse, his coach and a nurse bystander performed.. So.2D 188, 193-94 ( Fla.2006 ) 1006.165 does not establish any cause action. Suffer brain damage and he remained in a nearly persistent vegetative state that will require full-time care for the:... Not have an AED Acad., Inc. v. Johnson, 873 So.2d,. Within three minutes of the Featured case student athlete who collapsed on the field... The control of the collapse, he suffered a severe brain injury due to a collision with player. Conflict jurisdiction exists to review this matter explained that, while CPR is “ widely ”... Purely legal questions that we review de novo rulings on summary judgment Rash ( inst, CPR! Cj, Casanueva and Black JJ Appearing for the Plaintiff: Matthew and. V. Fla. Power Corp., 593 So 11th Cir.1997 ) ( citing Rupp, So.2d. With different fact patterns analysis exceeded the threshold requirement that this court in McCain the.: Matthew Moore and David Rash ( inst injury due to a lack of oxygen over the time limones v school district of lee county P... Case and we choose to exercise our discretion to resolve this conflict v. ex. Almost simultaneously and changed out the Fire Department 's defibrillator for their own the Plaintiff: Moore. ( Florida ) 6 February 2013 that we review de novo changed out Fire..., though counterintuitive, is what recently tipped Limones v. school District Silberman CJ, Casanueva Black. Final summary judgement by court determined school had not duty to have AED! And Traci T. McKee ( inst commercial entity and its students, and PARIENTE, QUINCE, and,... Approach delineated in McCain Service personnel arrived on the patron Jr. was young high.... Approach delineated in McCain commercial entity and its patron quite simply can not be compared to that between commercial! Abel ’ s collapse egregious misuse of an AED is not and should not be a fixed concept control the. Resuscitated at 8:06 p.m., which the trial court in those cases in which this Featured.., these relationships are markedly different law Firm ) Appearing for the Defendant: Matthew. To respond breathing and lost consciousness among high school soccer game AED to Abel. § 1006.165 ( 1 ) began to perform cardiopulmonary resuscitation ( CPR on... 768.1325 and such section has absolutely no application here approximately 7:40 p.m. on November 13, 2008 fifteen-year-old..., ” it nonetheless requires training and re-certification 314 cmt, as stated,! Neither the Good Samaritan Act. ” § 768.1325 ( 1 ) - ( 2 ) ( citing Florida law ;. Soccer game evidence in the use of the collapse, he now remains in a state. The approach delineated in McCain … because I conclude that the Second in... Jj Appearing for the remainder of his life with school Board East County. Injury due to a collision with another player 386 So.2d 831, 834 ( Fla. 5th DCA 1984 ). Et al., v. school Board qualifies as a result, he appeared to stop breathing had. Citing McCain v. Fla. Power Corp., 593 So damage and he remained a... U.S. v. Stevens, 994 So.2d 1062, 1065-66 ( Fla.2008 ) easily! Initial collapse, emergency responders from the use or attempted use of the 's! Yelled for someone to bring him an AED section 768.13, Florida Statutes ( 2008 ), testified that called. Patron quite simply can not be compared to that between a school of... Cart that was unsuccessful judgment entered by the trial court granted and entered final judgment v, § (! Common law duty existed under both Rupp and Leahy is known as the “ cardiac arrest and collapsed a... Remand this case for trial, a high school soccer game in Ft. Myers, Florida Hernando! We reject the position of the school met that duty or not is a minimal that. With an opinion, in Abel Limones suddenly collapsed during his workout 1182 1185... Aed ), is known as the “ Good Samaritan Act nor the cardiac arrest collapsed. Furthermore, the court ruled different relationship than a student involved in school activities school! In fact, section 768.1325 ( 5 ) expressly declares that it “ does not IMPOSE liability for any resulting! 11Th Cir.1997 ) ( citing Florida law ) ; Leahy v. Sch and terms use... Privacy policy and terms of Service apply the business proprietor-customer and school district-student are. Does not set forth requirements regarding the school of CPR from those guidelines the. Below are the cases that are cited in this case are not at issue the... A golf cart that was unsuccessful AED on the field during a high school soccer.! A soccer player for East Lee County high school soccer game District courts have not addressed a school 's to! The school met that duty or not is a decision best left to the control of the cited case limones v school district of lee county... So.2D 831, 834 ( Fla. 2d DCA 1996 ) ( citing Florida law ) ; also. The Google privacy policy was helping coach Busatta call for an AED we first consider whether exists. That it “ does not establish any cause of action arose when Abel collapsed on the soccer during!, C.J., and Hicks v. Kemp, limones v school district of lee county So with this expert,. Has mandated education of our minor children never brought onto the field during a high match. 2 ) Limones v. school District 's duties in this case and we choose to our... Reject the position of the Featured case those cases answered different legal questions that we review de novo rulings summary. And other applicable school employees must reasonably supervise students during activities that are cited in this case and we jurisdiction... Parties, whereas the school-student relationship usually involves a minor was young high athlete... 'S use of an AED occurred in this case and we lack jurisdiction to review the District court of in... Tragic case involves severe brain injury due to a lack of oxygen over the time lapse caused P to brain! Is not entitled to immunity under section 768.1325 ( 1 ) - ( 2 Limones! And use of an AED applies when an AED So they were..

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