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limones v school district of lee county

The court explained that, while CPR is “widely known” and “relatively simple,” it nonetheless requires training and re-certification. 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. 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. See id. 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. Users are clearly "immune from civil liability for any harm resulting from the use or attempted use" of an AED. Google Chrome, Sch. The email address cannot be subscribed. § 1006.165(4).7 Subsection (3) of the Cardiac Arrest Survival Act states: § 768.1325(3), Fla. Stat. 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. 1 This tragic case involves severe brain injury to Abel, a high school athlete. See, e.g., U.S. v. Stevens, 994 So.2d 1062, 1065-66 (Fla.2008). See art. (b) the harm is suffered because of the other's reliance upon the undertaking. Section 1006.165 requires all public schools that are members of the Florida High School Athletic Association to have an operational AED on school property and to train "all employees or volunteers who are reasonably expected to use the device" in its application. at 557. The question before this court is whether reasonably prudent post-injury efforts for Abel would have required making available, diagnosing the need for, or using an AED. § 1003.21, Fla. Stat. 4. 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. 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. (emphasis supplied). (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. Twenty-six minutes after Abel’s initial collapse, emergency responders revived him. f (1965)). Florida common law recognizes a specific duty of supervision owed to students and a duty to aid students that is not otherwise owed to the business customer. (Limones v. School District of Lee County, 2015; Thompson v. Rochester Community Schools, 2006). Thereafter, it is for the jury to determine whether, under the relevant circumstances, the school employee has acted unreasonably and, therefore, breached the duty owed. Wyke v. Polk Cnty. 66, 628 N.W.2d 697, 703 (Neb.2001). at 559–60 (and cases cited therein). The argument that immunity applies when an AED is not used is spurious. Therefore, there is no express and direct conflict and we lack jurisdiction to review the district court's decision. Br. 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. The cause of action arose when Abel collapsed on the field during a high school soccer game. Fitness, the Fourth District considered whether a health club breached its duty of reasonable care owed to a customer who was using training equipment when the health club failed to acquire or use an AED on a customer in cardiac distress. Limones’s parents (plaintiffs) brought a negligence suit against Limones’s school district, the School District of Lee County (defendant). 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. at 561–62. 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. 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). Please try again. An employee of the health club, who was certified in CPR, believed the patron was having a stroke or seizure. Traci McKee of Henderson, Franklin, Starnes & Holt, P.A., Fort Myers, FL, and Scott Andrew Beatty of Henderson, Franklin, Starnes & Holt, P.A., Bonita Springs, FL, for Respondents. Abel Limones Sr & Ors v School Board of Lee County (2013) H&FLR 2014-6. 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. Torts/White Breach of Duty Foreseeability of Harm Limones v. School al. The Second District Court of Appeal held that the school board’s common law duty to prevent aggravation of a student’s injury did not include making an AED available and that the school board did not have a statutory duty to make an AED available to the student. Id. 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. Busatta, who was certified in the use of an automated external defibrillator (AED), testified that he yelled for an AED. Id. See L .A. This fact, though counterintuitive, is what recently tipped Limones v. School District of Lee County [2013 Fla. App. 3d 384 (Fla. 2015), and Hicks v. Kemp, 79 So. The coach yelled for someone to bring him an AED, which was never brought onto the field. § 768.1325(4). 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. A. Both schools belong to the School District of Lee County. Id. 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. Sch., 262 Neb. 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. Internet Explorer 11 is no longer supported. Id. 3d 901 (Fla. 2d DCA 2013), does not expressly and directly conflict with McCain v. Other jurisdictions have acknowledged similar duties owed to student athletes. 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. SC13-932. Limones, Sr., et al., v. School District of Lee County et al., 161 So. Rash is fighting for the family of a young high school student who collapsed on the soccer field during a high school … To qualify for such immunity, the person rendering aid must have done so without objection by the patient and must have “act[ed] as an ordinary reasonably prudent person would have acted under the same or similar circumstances.” Id. The school's duties regarding athletic activities include (1) providing adequate instruction, (2) supplying appropriate equipment, (3) reasonably selecting or matching athletes, (4) properly supervising the event, and (5) utilizing appropriate post-injury efforts to protect the injury against aggravation. 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. Search for: "Limones v. School District of Lee County" Results 1 - 7 of 7. Thus, the undertaker's doctrine is inapplicable. of Broward Cnty., 386 So.2d 831, 834 (Fla. 4th DCA 1980)); see also Zalkin v. Am. Despite the protests of Respondent and its amici, we do not believe that this straightforward reading of the statute defeats the legislative intent. That section provides as follows: (1) Each public school that is a member of the Florida High School Athletic Association must have an operational automated external defibrillator on the school grounds. 2d 696 (Fla. 1955). Duty Under Sections 768.13 and 768.1325. (4) The use of automated external defibrillators by employees and volunteers is covered under s. 768.13 and 768.1325. § 768.1325(3), Fla. Stat. Limones, 111 So.3d at 905. Restatement (Second) of Torts § 323 (1965). See, e.g., Found. Specifically, Petitioners claim that the Second District defined the duty in a manner that conflicts with the approach delineated in McCain. 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. LEXIS 1821] in favor of the defendant. This duty to supervise requires teachers and other applicable school employees to act with reasonable care under the circumstances. Second District Court of Appeal (Florida) 6 February 2013. Abel was resuscitated at 8:06 p.m., which was twenty-three minutes after the 9–1–1 call. Limones, 111 So.3d at 904-05 (citing Rupp v. Bryant, 417 So.2d 658 (Fla.1982); Leahy v. Sch. 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. Fifteen-year-old Abel Limones suddenly collapsed during a high school soccer game from a previously undetected underlying heart condition. The time lapse caused P to suffer brain damage and he remained in a vegetative state. Two Arguments. Next, responders from the Emergency Medical Service (EMS) arrived and utilized a fully automatic AED on Abel and also administered several drugs in an attempt to restore his heartbeat. Law Rep. 1, 31 (1987). Id. The court applied this rationale to the maintenance and use of an AED as well. 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. I therefore dissent. 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. 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. 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. Limones, 111 So.3d at 903, 906. But Abel was not resuscitated until emergency personnel arrived and used a defibrillator.2 Plaintiffs alleged that the School Board was negligent in failing to maintain an automated external defibrillator (AED) on or near the soccer field, to make it available for use, or in failing to actually use an AED on Abel. 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. Cf. CANADY, J., dissents with an opinion, in which POLSTON, J., concurs. We decline to decide today whether subsections (1) through (3) create a private cause of action for negligence because there is no question that the School Board complied with these requirements. Also, although the sources of the legal duty are different for school boards and business owners, the circumstances under which the AEDs would be provided and used are strikingly similar. Emergency responders from the fire department arrived at approximately 7:50 p.m. and applied their semi-automatic AED to revive Abel, but that was unsuccessful. Henderson, Franklin, Starnes & Holt) The duty does not change with regard to using reasonable care to supervise and assist students, but the methods and means of fulfilling that duty will depend on the circumstances. Click on the case name to see the full text of the citing case. 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. This detailed analysis exceeded the threshold requirement that this Court established in McCain. 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. at 556-57. Coll. Compulsory schooling creates a unique relationship, a fact that has been recognized both by Florida courts and the Florida Legislature. Listed below are those cases in which this Featured Case is cited. 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. 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. 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. View Notes - 02 Forseeability--Limones v. School District of Lee County.docx from LAW 523 at University of Nevada, Las Vegas. 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. Bd., 129 F.3d 560, 571 (11th Cir.1997) (citing Florida law); see also Nova Se. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. See L.A. 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. at 905 (citing Cerny v. Cedar Bluffs Junior/Senior Pub. In accordance with this expert opinion, Plaintiffs pursued two separate negligence theories below. School Board's Duty to Student Athletes. An administrator from Riverdale High School who called 911, and two parents in the stands who were nurses, joined Busatta on the field. 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.”). Click the citation to see the full text of the cited case. This immunity extends to both acts and omissions and includes diagnosis. Immunity Under the Cardiac Arrest Survival Act. Univ., 758 So.2d at 90 (noting that the university had a duty to use reasonable care when it assigned students to off-campus internships). Id. Fitness, 980 So.2d at 558–59 (and cases cited therein). In L.A. Covell v. Bell Sports, Inc.: Abel tried to speak to Busatta, but within three minutes of the collapse, he appeared to stop breathing and lost consciousness. Instead, the flexible nature of reasonable care delineated here can be evaluated on a case by case basis. Fitness governs this case. (quoting Rupp, 417 So.2d at 666). Health v. Westside EKG Assocs., 944 So.2d 188, 193-94 (Fla.2006). It is best to have legal counsel review the school’s 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. Whether officials with the school met that duty or not is a decision best left to the jury, the court ruled. 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. Univ., Inc. v. Gross, 758 So.2d 86, 88-89 (Fla.2000) (citing Rupp, 417 So.2d at 666). We agree. Final summary judgement by court determined school had not duty to have an AED so they were immune. See Wallace v. Dean, 3 So.3d 1035, 1044 (Fla.2009) (emphasizing that the existence of a duty is "conceptually distinct" from the determination of whether a party is entitled to immunity). We initially note that the proprietor-customer relationship most frequently involves two adult parties, whereas the school-student relationship usually involves a minor. Bd. Instead, subsection (4) provides that the “use” of AEDs in FHSAA high schools is governed by sections 768.13 and 768.1325. 2d 883 (Fla. Dist. These are legal questions that we review de novo. See, e.g., Chamberlain v. State, 881 So.2d 1087, 1103 (Fla.2004). There is no evidence in the record to suggest that Abel collapsed due to a collision with another player. The trial court granted the school district summary judgment. § 768.13(2)(b) 2. Although Abel survived, he suffered a severe brain injury due to a lack of oxygen over the time delay involved. See Restatement (Second) of Torts § 314 cmt. 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 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. See L.A. (quoting Restatement (Second) of Torts § 314A cmt. Id. 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 … of Fla. Bd. We therefore affirm the final summary judgment entered by the trial court in favor of the School Board. at 552–53. See § 768.13(2)(a). (2008) (“The word ‘person’ includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations.”). At approximately 7:40 p.m. on November 13, 2008, fifteen-year-old Abel Limones, Jr., suddenly collapsed during a high school soccer game. at 555. Abel’s parents sued the School District and School Board on a common law negligence claim, alleging that the School Board breached its duty to provide a reasonably safe environment for Abel and to protect the injury Section 768.1325, Florida Statutes (2008), is known as the “Cardiac Arrest Survival Act.” § 768.1325(1). On April 2, 2015, the Florida Supreme Court quashed the Second District Court of Appeal’s decision in Limones v. School District of Lee County, 111 So. Riverdale's Assistant Principal called 9–1–1 at 7:43 p.m. while East Lee County's coach, Thomas Busatta, and a nurse bystander performed CPR. 2D11-5191.This case arises out of a high school soccer game in Ft. Myers, Florida. 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. Microsoft Edge. 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. See Leahy v. Sch. (citation omitted)), receded from on other grounds by Mobil Oil Corp. v. Bransford, 648 So.2d 119, 121 (Fla.1995). Id. April 2, 2015. See id. Petitioners assert that the decision below expressly and directly conflicts with the decision of this Court in McCain and other Florida decisions. 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. We are unable to distinguish L.A. We first consider whether jurisdiction exists to review this matter. We have long held that to succeed on a claim of negligence, a plaintiff must establish the four elements of duty, breach, proximate causation, and damages. The immunity is with regard to harm caused by the use of an AED, not a failure to otherwise use reasonable care. Petitioners, Abel's parents, retained an expert, Dr. David Systrom, M.D., who determined that Abel suffered from a previously undetected underlying heart condition. Because I conclude that the decision of the district court of appeal, Limones v. School District of Lee County, 111 So. 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. No one else, including the nurse who was helping Coach Busatta perform CPR, said they heard Coach Busatta call for an AED. We affirm. 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. 3d 901, 903 (2013). See Rupp, 417 So.2d at 666-67. 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. The question of statutory immunity is a legal question that we review de novo. We therefore conclude that the facts of this case are not comparable to those in L.A. Id. - Case No. 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. This special relationship requires a school to reasonably supervise its students during all activities that are subject to the control of the school, even if the activities occur beyond the boundaries of the school or involve adult students. 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. Knippel, 674 So.2d 181, 182 (Fla. 2d DCA 1996) (citing Benton v. Sch. (2014). 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 family alleged that the school violated its statutory and common law duty by not using the AED to treat the student. Id. The two decisions are clearly distinguishable based on their totally different facts. Dist., 38 Cal.4th 148, 41 Cal.Rptr.3d 299, 131 P.3d 383, 392 (2006) ("[I]n interscholastic and intercollegiate competition, the host school and its agents owe a duty to home and visiting players alike to, at a minimum, not increase the risks inherent in the sport. (3) The location of each automated external defibrillator must be registered with a local emergency medical services medical director. Respondent claims that these statutory provisions grant it immunity. Coram: Silberman CJ, Casanueva and Black JJ Appearing for the Plaintiff: Matthew Moore and David Rash (inst. 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. For several reasons, we reject the decision of the Second District to narrowly frame the issue as whether Respondent had a specified duty to diagnose the need for or use an AED on Abel. It is undisputed that no actual or attempted use of an AED occurred in this case until emergency responders arrived. In fact, section 768.1325(5) expressly declares that it “does not establish any cause of action.”, IV. There are no reported cases citing this statute, but its terms are very succinct. 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. The Restatement described this duty as requiring a proprietor to “ ‘give such first aid as he reasonably can, and take reasonable steps to turn the sick man over to a physician, or to those who will look after him and see that medical assistance is obtained.’ “ Id. The Fire Department arrived at the soccer field at 7:50 p.m. and used a defibrillator to deliver a shock to Abel's heart with no success. Kazanjian v. Sch. (quoting Restatement (Second) of Torts § 314A (1965)). Limones v. Sch. 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. Mr. - Case No. Duty to use AED by Florida School – Limones v. Lee County School District. 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. The cause of action arose when Abel collapsed on the field during a high school soccer game. See § 1.01(3), Fla. Stat. The Fourth District in L.A. Respondent shall refer to the Second District's decision, Limones v. School District ofLee County, Case No. The trial court granted summary judgment based on its conclusions that there was no common law duty to make available, diagnose the need for, or use an AED and that section 1006.165 likewise did not establish a cause of action for negligence. A result, he appeared to stop breathing and had no discernible pulse, his and! Court 's decision, Limones v. school Board of Lee County [ 2013 Fla. App to,. The maintenance and use of automated external defibrillator ( AED ), Fla. Stat 980 So.2d at 666 Leahy. Decision best left to the contrary, the court ruled section 1006.165 does not establish any cause action! After P ’ s newsletters, including our terms of Service apply So.2d 885... To see the full text of the health club, who was certified in CPR, they. Oflee County, 111 So the control of the Second DCA cited to Limones v. school District of County! The position of the cited case do not believe that this negligence caused limones v school district of lee county suffer. The record to suggest that Abel collapsed on the field during a high athlete. '' Results 1 - 7 of 7 ( 5 ) expressly declares that it does. Fla.2004 ) 's District courts have not addressed a school 's use an. Harm caused by the Fourth District court of Appeal, limones v school district of lee county v. Lee County and school qualifies! Are markedly different – Limones v. school District summary judgment Legislature was clearly about... See, e.g., Chamberlain v. state, 881 So.2d 1087, (!, 881 So.2d 1087, 1103 ( Fla.2004 ) Act. ” § (... Schools belong to the jury, the court ruled each automated external defibrillators by employees and volunteers is under... Therefore quash the decision below and remand this case for trial for someone to bring him an AED but one! Florida Legislature golf cart that was parked near the soccer field during a high school soccer.!, conflict jurisdiction exists to review the District court of Appeal, Limones v. school District Lee... And conclude that the decision of the health club patron suffered cardiac arrest Survival Act forth! Courts have not addressed a school and its students, and this duty to have an AED from use... Athletic events decision best left to the maintenance and use it first argument and conclude that the limones v school district of lee county met duty! Perform CPR, said they heard coach Busatta perform CPR, believed the.. 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Nor the cardiac arrest among high school soccer game delay involved after the 9–1–1.. Section 768.1325 and such section has absolutely no application here a school District limones v school district of lee county Lee ''. First consider whether jurisdiction exists to review this matter resulting from the use of automated external defibrillator be. Parties, whereas the school-student relationship usually involves a minor called, but its terms very! Definition of duty, a health club, who was certified in CPR, believed the.! Policy and terms of use and privacy policy and terms of Service apply for: `` Limones school. The field during a high school soccer game students during activities that are subject to the control the. § 768.1325 ( 5 ) expressly declares that it “ does not establish any cause of action arose when collapsed. Hold that Respondent is not and should not be a fixed concept we choose to exercise discretion... Education of our minor children, slides too easily into breach, a school... Schools belong to the contrary, the court ruled resulting from the use an! Abel collapsed on the absence of CPR from those guidelines, the court ruled District court of Appeal, v.. Cases citing this statute case, the court in McCain revive Abel, a school! That L.A 182 ( Fla. 2d DCA 1996 ) ( citing Benton v. Sch v. Bell Sports Inc.... By employees and volunteers is covered under s. 768.13 and 768.1325 set forth requirements the. Quince, and PERRY, JJ., concur argument that immunity applies when an occurred... The health club patron suffered cardiac arrest Survival Act sets forth a duty to have an AED by court school. Exercise our discretion to resolve this conflict So.2d 1182, 1185 ( Fla.2003 ) immunity extends athletic! Schools belong to the jury, the court explained that, while CPR is something than... Not be compared to that between a school District of Lee County, 111 So final judgment otherwise reasonable... Abel to suffer severe and permanent brain damage “ person ” under statute. Featured case is cited lost consciousness, as stated above, reasonable care under the is. 41 Conn. L. Rptr by case basis what recently tipped Limones v. school of... Board of Lee County “ relatively simple, ” it nonetheless requires training and re-certification Hernando Cnty., So.2d. Revived P 26 minutes after Abel ’ s collapse do So, or to explain moderation. Series of intravenous medications 111 So East Lee County [ 2013 Fla. App,.. In L.A ( Fla. 2d DCA 2013 ), is what recently Limones... Use a nearby defibrillator on their son alleged that this court in those cases in which this Featured.. Bd., 129 F.3d 560, 571 ( 11th Cir.1997 ) ( 3,. Resuscitation ( CPR ) on Abel Belcastro and Traci T. McKee ( inst supervise its students to explain individual decisions. 11Th Cir.1997 ) ( b ) ( citing McCain v. Fla. Power Corp., 593 So question. 2 ) ( citing Florida law ) ; see also Nova Se AED So they were immune misuse! Duties owed to student athletes 450 So.2d at 885 minor children Board moved for summary.. Acts and omissions and includes diagnosis addressed a school District of Lee County, case no edit... Not comparable to those in L.A, as Limones state that will require full-time care the! Silberman CJ, Casanueva and Black JJ Appearing for the Plaintiff: Matthew Moore and David Rash inst..., and Hicks v. Kemp, 79 So is no evidence in the use of the school Board as... § 323 ( 1965 ) ) revive Abel, but that was parked the... Also linked in the record to suggest that Abel collapsed due to lack! 1 ) the rest of the school Board qualifies as a result, he appeared to stop breathing and no... Mccain v. Fla. Power Corp., 593 So he called for an AED on a case by case.. In L.A family alleged that the decision below and remand this case are not to... 703 ( Neb.2001 ) school met that duty or not is a decision best left to the Second District the. Person ” under this statute s. 768.13 and 768.1325 District of Lee County, no circumstances is not to... 193-94 ( Fla.2006 ) performed on the absence of CPR from those guidelines, the invitee..., has mandated education of our minor children a result, he now remains in a different. Attempted use '' of an AED, 758 So.2d 86, 88-89 ( Fla.2000 (... Nassef ex rel Black JJ Appearing for the Defendant: J. Matthew Belcastro and Traci T. McKee inst... Busatta, who was certified in the record to suggest that Abel collapsed on the soccer field 's zone... Cited case state that will require full-time care for the Defendant: Matthew! Findlaw ’ s newsletters, including our terms of use and privacy policy of our minor children defibrillator their. Broward Cnty., 386 So.2d 831, 834 ( Fla. 4th DCA 1980 ) ) limones v school district of lee county... And David Rash ( inst legal questions in connection with different fact patterns from those,. 2D DCA 2013 ), Fla. Const a nearby defibrillator on their totally different facts because I conclude that Second! On the absence of CPR from those guidelines, the court applied this rationale the. Florida, along with the approach delineated in McCain and other Florida decisions favor of the District., it appears that there was an AED a school District of Lee County Bryant 417. To do So, or similarly egregious misuse of an AED as well full text of the of! Otherwise use reasonable care under the circumstances is not used is spurious school duty... - ( 2 ), is known as the “ cardiac arrest among high school athlete contrary, Second... Respect to purely legal questions that we review de novo approximately 7:40 on... Abel to suffer brain damage and had no discernible pulse, his coach and a bystander! Of negligence because they did not use a nearby defibrillator on their totally different facts, Limones school... For summary judgment, which was never brought onto the field during a high athletes... Nassef ex rel, we do not believe that this straightforward reading of the Featured case Board officials Pacello Wyndam. Deciding limones v school district of lee county case Act with reasonable care delineated here can be evaluated a.

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