In the final summary judgment, the court determined that the School Board did not have a duty to make available, diagnose the need for, or use an AED and that, even if it did, the School Board was statutorily immune from an action on that basis. They accused school employees of negligence because they did not use a nearby defibrillator on their son. Health v. Westside EKG Assocs., 944 So.2d 188, 193-94 (Fla.2006). In deciding this case, the Second DCA cited to Limones v. School District of Lee County, 161 So. 2D11-5191 (Fla. 2d DCA 2013), as Limones. of Lee County, 111 So. The judicial determination of the existence of a duty is a minimal threshold that merely opens the courthouse doors. 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. Id. v. Thus, as specifically relevant to this case, the School Board had a common law duty to use appropriate post-injury efforts to protect Abel's injury against aggravation. The event involved a soccer game between East Lee County High School, Abel's school, and Riverdale High School, the host school. McCain, 593 So.2d at 503-04. And the School Board did not voluntarily undertake the duty to use an AED by acquiring one and providing training on its use as required by section 1006.165. Limones, 111 So.3d at 906. Rash is fighting for the family of a young high school student who collapsed on the soccer field during a high school … By contrast, Florida, along with the rest of the country, has mandated education of our minor children. While this provision requires a person who undertakes a duty to render aid to do so reasonably, this provision does not set forth a duty to render aid. To extend the shield of immunity to those who make no attempt to use an AED would defeat the intended purpose of the statute and discourage the use of AEDs in emergency situations. § 768.1325(4). 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. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. Coram: Silberman CJ, Casanueva and Black JJ Appearing for the Plaintiff: Matthew Moore and David Rash (inst. 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. This fact, though counterintuitive, is what recently tipped Limones v. School District of Lee County [2013 Fla. App. 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. Dist. Id. 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. Id. "); Kleinknecht v. Gettysburg Coll., 989 F.2d 1360, 1370 (3d Cir.1993) (college owed duty to recruited athlete to take reasonable safety precautions against the risk of death); see also Jarreau v. Orleans Parish Sch. Alters Law Firm) Appearing for the Defendant: J. Matthew Belcastro and Traci T. McKee (inst.… Fitness, 980 So.2d at 562). See L.A. 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. Fitness governs this case. (quoting Restatement (Second) of Torts § 314A (1965)). (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. 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). 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. Copyright © 2020, Thomson Reuters. at 562. 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. Fitness and the cases cited therein in a manner that would support finding a common law duty on behalf of the School Board in this case. Dist. 3d 901 (Fla. 2d DCA 2013), does not expressly and directly conflict with McCain v. These are legal questions that we review de novo. Fitness determined that the duty owed by a commercial health club to an adult customer only required employees of the club to reasonably summon emergency responders for a patron in cardiac distress. It is a matter for the jury to determine under the evidence whether Respondent's actions breached that duty and resulted in the damage that Abel suffered. of Hernando County, 450 So. Abel tried to speak to Busatta, but within three minutes of the collapse, he appeared to stop breathing and lost consciousness. 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. It is best to have legal counsel review the school’s 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. Thus, we conclude that under the current state of the law, the School Board had no common law duty to make available, diagnose the need for, or use an AED on Abel. § 314a cmt. But the analysis of the scope and extent of a school's duty in a sports setting depends largely on the particular facts and the circumstances of the case. Other jurisdictions have acknowledged similar duties owed to student athletes. 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. at 552. f (1965)). Thus, acquirers are not immune due to the mere fact that they have purchased and made available an AED which has not been used; rather, they are entitled to immunity from the harm that may result only when an AED is actually used or attempted to be used. (quoting Rupp, 417 So.2d at 666). Therefore, there is no express and direct conflict and we lack jurisdiction to review the district court's decision. The passage of section 1006.165 demonstrates that the Legislature was clearly concerned about the risk of cardiac arrest among high school athletes. Coop., Inc. v. Johnson, 873 So.2d 1182, 1185 (Fla.2003). In addition, each state has common laws (based on case law or precedent) that may pertain to standards of care and civil liability. We therefore look to these sections to determine whether the School Board had a duty to make available, diagnose the need for, or use an AED in the circumstances of this case. of Lee County. Second District Court of Appeal (Florida) 6 February 2013. ON SCHOOL PROPERTY BUT DOES NOT IMPOSE LIABILITY FOR FAILURE TO LOCATE AND USE IT . 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. SC13-932. Id. 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. Immunity applies provided that harm from the use or attempted use is not attributable to the person's (1) failure to maintain and test the AED or (2) failure to provide any appropriate training in the use of the AED. As a result, he now remains in a nearly persistent vegetative state that will require full-time care for the remainder of his life. 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. An employee of the health club, who was certified in CPR, believed the patron was having a stroke or seizure. Section 768.13, Florida Statutes (2008), is known as the “Good Samaritan Act.” § 768.13(1). Search for: "Limones v. School District of Lee County" Results 1 - 7 of 7. Id. at 559 (citing Pacello v. Wyndam Int'l, 41 Conn. L. Rptr. 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. As to Plaintiffs' second argument, the School Board made the AED available for use by having it in the end zone of the soccer field. Furthermore, the business invitee freely enters into a commercial relationship with the proprietor. Firefox, or (2) Limones v. School District of Lee County (a) P collapsed during a high school soccer game. We therefore leave it to the jury to determine, under the evidence presented, whether the particular actions of Respondent's employees satisfied or breached the duty of reasonable care owed. Busatta and one nurse began to perform cardiopulmonary resuscitation (CPR) on Abel. Fitness. Finally, after it concluded that Respondent was immune from civil liability under section 768.1325(3), Florida Statutes (2008), the Second District affirmed the decision of the trial court. Cerny v. Cedar Bluffs Junior/Senior Pub. We therefore affirm the final summary judgment entered by the trial court in favor of the School Board. Id. Fitness, 980 So.2d at 561 n. 2. 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. at 703–04. Bd. Limones, 111 So.3d at 903, 906. Although Petitioners alleged in their pleadings that Respondent owed a statutory duty under section 1006.165, Florida Statutes, Petitioners did not clearly articulate before this Court the basis for such a duty. 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. Today, April 2, 2015, the Florida Supreme Court issued its tremendous decision in Limones v. School District of Lee County, et al. Based on the absence of CPR from those guidelines, the court concluded that CPR is something more than first aid. Citations to the Second District's decision, which is attached as an Appendix As discussed previously, this statute provides immunity from civil liability for “any person who acquired the device and makes it available for use.” § 768.1325(3). In L.A. Compulsory schooling creates a unique relationship, a fact that has been recognized both by Florida courts and the Florida Legislature. Twenty-six minutes after Abel’s initial collapse, emergency responders revived him. at 559–60 (and cases cited therein). See, e.g., Clay Elec. And Plaintiffs failed to show that the School Board's acquisition of the AED and its training procedures either increased the risk of harm to Abel or caused Abel to rely upon such acquisition or training to his detriment. Public and private partnerships are encouraged to cover the cost associated with the purchase and placement of the defibrillator and training in the use of the defibrillator. See, e.g., Found. See Limones, 111 So.3d at 904 (citing Leahy, 450 So.2d at 885); see also Zalkin, 639 So.2d at 1021. And there are certain other exceptions to immunity that are not at issue given the facts alleged in this case. 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. (emphasis supplied). Limones, Sr., et al., v. School District of Lee County et al., 161 So. § 1006.165(4).7 Subsection (3) of the Cardiac Arrest Survival Act states: § 768.1325(3), Fla. Stat. In determining whether the health club had a duty to perform CPR or to maintain or use an AED, the court looked to the Restatement of Torts. Users are clearly "immune from civil liability for any harm resulting from the use or attempted use" of an AED. See Rupp, 417 So.2d at 666; Leahy, 450 So.2d at 885. Citations are also linked in the body of the Featured Case. Although Abel survived, he suffered a severe brain injury due to a lack of oxygen over the time delay involved. 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). To use an AED is not entitled to immunity that are not comparable to in. Site is protected by reCAPTCHA and the Google privacy policy and terms of use and policy... 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