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. Instead, the flexible nature of reasonable care delineated here can be evaluated on a case by case basis. Compulsory schooling creates a unique relationship, a fact that has been recognized both by Florida courts and the Florida Legislature. 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. Citations to the Second District's decision, which is attached as an Appendix 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. Health v. Westside EKG Assocs., 944 So.2d 188, 193-94 (Fla.2006). This duty to supervise requires teachers and other applicable school employees to act with reasonable care under the circumstances. The family alleged that the school violated its statutory and common law duty by not using the AED to treat the student. 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. 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. 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. 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.”). See, e.g., Nova Se. To the contrary, the Court in those cases answered different legal questions in connection with different fact patterns. A. - Case No. 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. 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. 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 court explained that, while CPR is “widely known” and “relatively simple,” it nonetheless requires training and re-certification. (citation omitted)), receded from on other grounds by Mobil Oil Corp. v. Bransford, 648 So.2d 119, 121 (Fla.1995). f (1965)). See, e.g., Found. See art. 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. Whether officials with the school met that duty or not is a decision best left to the jury, the court ruled. 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). 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. 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. 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. Duty Under Sections 768.13 and 768.1325. The immunity is with regard to harm caused by the use of an AED, not a failure to otherwise use reasonable care. Final summary judgement by court determined school had not duty to have an AED so they were immune. Id. 1 This tragic case involves severe brain injury to Abel, a … 2D11-5191 (Fla. 2d DCA 2013), as Limones. 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. Limones v. School District of Lee County: Limones received brain injury during soccer match when he stopped breathing and was not brought back until ambulance arrived. Knippel, 674 So.2d 181, 182 (Fla. 2d DCA 1996) (citing Benton v. Sch. The Second District in Limones found no distinction between L.A. By contrast, Florida, along with the rest of the country, has mandated education of our minor children. at 557. Busatta was unable to detect a pulse. 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. In L.A. David Charles Rash of David C. Rash, P.A., Weston, FL, and Elizabeth Koebel Russo of Russo Appellate Firm, P.A., Miami, FL, for Petitioners. Wyke v. Polk Cnty. We further hold Respondent is not entitled to immunity from suit under section 768.1325, Florida Statutes. He quickly stopped breathing and became pulseless. 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. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. Id. 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. The health club did not have an AED on the premises. Advancements with technology and equipment available today, such as a portable AED, to treat an injury were most probably unavailable twenty years ago, and may be obsolete twenty years from now. (b) the harm is suffered because of the other's reliance upon the undertaking. Limones, 111 So.3d at 904-05 (citing Rupp v. Bryant, 417 So.2d 658 (Fla.1982); Leahy v. Sch. 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. Torts/White Breach of Duty Foreseeability of Harm Limones v. School 3d 901 (Fla. 2d DCA 2013). Limones v. School Dist. This tragic case involves severe brain injury to Abel, a high school athlete. And neither the Good Samaritan Act nor the Cardiac Arrest Survival Act sets forth a duty to use an AED. Such a narrow definition of duty, a purely legal question, slides too easily into breach, a factual matter for the jury. 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. at 503 n. 2. Rupp established that school employees must reasonably supervise students during activities that are subject to the control of the school. Finally, even if there had been such a duty, the School Board would have been entitled to immunity from civil liability under the Cardiac Arrest Survival Act because under the terms of that Act, it acquired an AED and made it available for use by having it in the end zone of the soccer field. The School Board moved for summary judgment, which the trial court granted and entered final judgment. See Limones v. School Board of Lee County, No. 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. Petitioners assert that the decision below expressly and directly conflicts with the decision of this Court in McCain and other Florida decisions. 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. Coram: Silberman CJ, Casanueva and Black JJ Appearing for the Plaintiff: Matthew Moore and David Rash (inst. The coach yelled for someone to bring him an AED, which was never brought onto the field. 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. at 555. Duty to use AED by Florida School – Limones v. Lee County School District. of Trs. We initially note that the proprietor-customer relationship most frequently involves two adult parties, whereas the school-student relationship usually involves a minor. See L.A. Court’s state-law holdings in Limones v. School District of Lee County, 161 So. Search for: "Limones v. School District of Lee County" Results 1 - 7 of 7. In fact, section 768.1325(5) expressly declares that it “does not establish any cause of action.”, IV. § 1006.165(4).7 Subsection (3) of the Cardiac Arrest Survival Act states: § 768.1325(3), Fla. Stat. Both schools belong to the School District of Lee County. Id. Thus, the undertaker's doctrine is inapplicable. Internet Explorer 11 is no longer supported. See Restatement (Second) of Torts § 314 cmt. We review de novo rulings on summary judgment with respect to purely legal questions. Citations are also linked in the body of the Featured Case. of Lee County. CANADY, J., dissents with an opinion, in which POLSTON, J., concurs. See Rupp, 417 So.2d at 666; Leahy, 450 So.2d at 885. When such a relationship exists, the law requires the party to act with reasonable care toward the person in need of protection or aid. Sadly, it appears that there was an AED on a golf cart that was parked near the soccer field's end zone. 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. 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. On appeal, the Second District recognized that Respondent owed a duty to supervise its students, which in the context of student athletes included a duty to prevent aggravation of an injury. Twenty-six minutes after Abel’s initial collapse, emergency responders revived him. 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. 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. The Fourth District in L.A. Id. Abel was resuscitated at 8:06 p.m., which was twenty-three minutes after the 9–1–1 call. at 561–62. Microsoft Edge. Busatta, who was certified in the use of an automated external defibrillator (AED), testified that he yelled for an AED. … On February 6, 2013, the Second District Court of Appeal issued an Order regarding automated external defibrillators (“AEDs”) on school property in the case captioned Abel Limones, Sr., et. § 314a cmt. Limones’s parents (plaintiffs) brought a negligence suit against Limones’s school district, the School District of Lee County (defendant). 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. Fitness, 980 So.2d at 561 n. 2. Law Rep. 1, 31 (1987). 193 (Conn.Super.Ct.2006)). Kazanjian v. Sch. Instead, subsection (4) provides that the “use” of AEDs in FHSAA high schools is governed by sections 768.13 and 768.1325. Other jurisdictions have acknowledged similar duties owed to student athletes. First, as stated above, reasonable care under the circumstances is not and should not be a fixed concept. Bd., 129 F.3d 560, 571 (11th Cir.1997) (citing Florida law); see also Nova Se. 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. Bd. 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. Coop., Inc. v. Johnson, 873 So.2d 1182, 1185 (Fla.2003). See La Petite Acad., Inc. v. Nassef ex rel. 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. 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. (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. As a result, he now remains in a nearly persistent vegetative state that will require full-time care for the remainder of his life. Sch., 262 Neb. Florida courts generally recognize a school's duty to adequately supervise its students, and this duty extends to athletic events. Therefore, there is no express and direct conflict and we lack jurisdiction to review the district court's decision. Fitness, 980 So.2d at 558–59 (and cases cited therein). There is no immunity for criminal misuse, gross negligence, or similarly egregious misuse of an AED. 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. Limones, 111 So.3d at 906. 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. Generally this standard is an objective “reasonably prudent person standard,” which is what a reasonably prudent person would have done under the circumstances. These are legal questions that we review de novo. 1 This tragic case involves severe brain injury to Abel, a high school athlete. § 1006.165(1)-(2), Fla. Stat. 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). of Lee County, 111 So. Cf. Fitness, a health club patron suffered cardiac arrest and collapsed during his workout. 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. 2d 883 (Fla. Dist. See § 1.01(3), Fla. Stat. ON SCHOOL PROPERTY BUT DOES NOT IMPOSE LIABILITY FOR FAILURE TO LOCATE AND USE IT . It is best to have legal counsel review the school’s Judgment, which was never brought onto the field during a high school athletes - 7 of.! Commercial relationship with the proprietor February 2013 series of intravenous medications 6 2013! Health v. Westside EKG Assocs., 944 So.2d 188, 193-94 ( Fla.2006 ) the country has. 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