The family alleged that the school violated its statutory and common law duty by not using the AED to treat the student. 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. of Lee County. v. Stone, 92 So.3d 264, 267 (Fla. 1st DCA 2012) (holding that the issue of statutory immunity from a negligence action is reviewed de novo); L.A. Please try again. Citations to the Second District's decision, which is attached as an Appendix § 1006.165. 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. 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. Limones, 111 So.3d at 903, 906. 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. Florida's district courts have not addressed a school district's duties in this context. 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. Whether officials with the school met that duty or not is a decision best left to the jury, the court ruled. § 1006.165(1)-(2), Fla. Stat. A. Search for: "Limones v. School District of Lee County" Results 1 - 7 of 7. of Trs. 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). Duty to use AED by Florida School – Limones v. Lee County School District. 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. 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. Click the citation to see the full text of the cited case. The Fourth District in L.A. Sadly, it appears that there was an AED on a golf cart that was parked near the soccer field's end zone. (emphasis supplied). We recommend using 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. … And neither the Good Samaritan Act nor the Cardiac Arrest Survival Act sets forth a duty to use an AED. Abel Limones Sr & Ors v School Board of Lee County (2013) H&FLR 2014-6 Second District Court of Appeal (Florida) 6 February 2013 Coram: Silberman CJ, Casanueva and Black JJ Appearing for the Plaintiff: Matthew Moore and David Rash (inst. (quoting Rupp, 417 So.2d at 666). There is no evidence in the record to suggest that Abel collapsed due to a collision with another player. 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. 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. 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. Id. 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. Petitioners assert that the decision below expressly and directly conflicts with the decision of this Court in McCain and other Florida decisions. Fitness, a health club patron suffered cardiac arrest and collapsed during his workout. Id. 2d 696 (Fla. 1955). As a general principle, a party does not have a duty to take affirmative action to protect or aid another unless a special relationship exists which creates such a duty. 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. Mandatory education of children also supports this relationship. (3) The location of each automated external defibrillator must be registered with a local emergency medical services medical director. The health club did not have an AED on the premises. 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. 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. § 1006.165(1)-(2), Fla. Stat. of Hernando Cnty., 450 So.2d 883, 885 (Fla. 5th DCA 1984) (citing Rupp v. Bryant, 417 So.2d 658 (Fla.1982)). Limones’s parents (plaintiffs) brought a negligence suit against Limones’s school district, the School District of Lee County (defendant). Plaintiffs also alleged that this negligence caused Abel to suffer severe and permanent brain damage. It is undisputed that no actual or attempted use of an AED occurred in this case until emergency responders arrived. 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. of Hernando Cnty., 450 So.2d 883, 885 (Fla. 5th DCA 1984)). ON SCHOOL PROPERTY BUT DOES NOT IMPOSE LIABILITY FOR FAILURE TO LOCATE AND USE IT . In L.A. (b) the harm is suffered because of the other's reliance upon the undertaking. The immunity is with regard to harm caused by the use of an AED, not a failure to otherwise use reasonable care. Health v. Westside EKG Assocs., 944 So.2d 188, 193-94 (Fla.2006). 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. These are legal questions that we review de novo. 9–1–1 was called, but CPR was not performed on the patron. See Limones v. School Board of Lee County, No. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. 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. Sch., 262 Neb. See, e.g., Nova Se. 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. 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. See § 768.13(2)(a). Microsoft Edge. 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. Because I conclude that the decision of the district court of appeal, Limones v. School District of Lee County, 111 So. Therefore, we hold that Respondent is not entitled to immunity under section 768.1325 and such section has absolutely no application here. See, e.g., Clay Elec. 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. 2D11-5191 (Fla. 2d DCA 2013), as Limones. Emergency Medical Service personnel arrived on the scene almost simultaneously and changed out the Fire Department's defibrillator for their own. The cause of action arose when Abel collapsed on the field during a high school soccer game. The Second District in Limones found no distinction between L.A. Juris. 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. Section 768.13, Florida Statutes (2008), is known as the “Good Samaritan Act.” § 768.13(1). 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. 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. 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. We initially note that the proprietor-customer relationship most frequently involves two adult parties, whereas the school-student relationship usually involves a minor. Busatta and one nurse began to perform cardiopulmonary resuscitation (CPR) on Abel. Cf. § 768.1325(4)(a). We therefore conclude that the facts of this case are not comparable to those in L.A. The judicial determination of the existence of a duty is a minimal threshold that merely opens the courthouse doors. See L.A. at 561–62. 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. 3d 901 (Fla. 2d DCA 2013). 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. Limones v. School Dist. Jennifer Suzanne Blohm and Ronald Gustav Meyer of Meyer, Brooks, Demma and Blohm, P.A., Tallahassee, FL, for Amicus Curiae Florida School Boards Association, Inc. Leonard E. Ireland, Jr. , Gainesville, FL, for Amicus Curiae Florida High School Athletic Association, Inc. Mark Miller and Christina Marie Martin , Pacific Legal Foundation, Palm Beach Gardens, FL, for Amicus Curiae Pacific Legal Foundation. 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. 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. Id. The district court reversed the award of attorney’s fees, concluding that the settlement offer constituted a joint proposal and that the proposal was invalid for failing to comply with the statute and rule. 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. at 908-09. 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. 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. We further hold Respondent is not entitled to immunity from suit under section 768.1325, Florida Statutes. “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). Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. Petitioners, Abel's parents, retained an expert, Dr. David Systrom, M.D., who determined that Abel suffered from a previously undetected underlying heart condition. Limones, Sr., et al., v. School District of Lee County et al., 161 So. Busatta, who was certified in the use of an automated external defibrillator (AED), testified that he yelled for an AED. 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. See Rupp, 417 So.2d at 666; Leahy, 450 So.2d at 885. 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 SC13-932. 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. V, § 3(b)(3), Fla. Const. 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 trial court granted the school district summary judgment. Citations are also linked in the body of the Featured Case. This review follows. Despite the protests of Respondent and its amici, we do not believe that this straightforward reading of the statute defeats the legislative intent. 3d 901, 903 (2013). In deciding this case, the Second DCA cited to Limones v. School District of Lee County, 161 So. Id. Abel tried to speak to Busatta, but within three minutes of the collapse, he appeared to stop breathing and lost consciousness. Br. 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. (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.”). 1 This tragic case involves severe brain injury to Abel, a … (2) Limones v. School District of Lee County (a) P collapsed during a high school soccer game. 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. 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. f (1965)). (Limones v. School District of Lee County, 2015; Thompson v. Rochester Community Schools, 2006). Today, April 2, 2015, the Florida Supreme Court issued its tremendous decision in Limones v. School District of Lee County, et al. Dist. See L.A. 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. of Hernando County, 450 So. Abel Limones was a soccer player for East Lee County High School. The Second District relied on the discussion provided by the Fourth District Court of Appeal in L.A. III. See Restatement (Second) of Torts § 314 cmt. Court’s state-law holdings in Limones v. School District of Lee County, 161 So. In Limones, the district court of appeal held as a matter of law that a school district "had no common law duty to make available, diagnose the need for, or use" an automated external defibrillator on a student athlete who "collapsed on the field ... stopped breathing and had no discernible pulse" during a high school soccer match. 2D11-5191.This case arises out of a high school soccer game in Ft. Myers, Florida. Sch., 262 Neb. See L.A. 1 This tragic case involves severe brain injury to Abel, a high school athlete. Id. Lower courts in Florida have recognized that the duty of supervision creates the following specific duties owed to student athletes: (1) schools must adequately instruct student athletes; (2) schools must provide proper equipment; (3) schools must reasonably match participants; (4) schools must adequately supervise athletic events; and (5) schools must take appropriate measures after a student is injured to prevent aggravation of the injury. LEXIS 1821] in favor of the defendant. 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. 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. Twenty-six minutes after Abel’s initial collapse, emergency responders revived him. Second District Court of Appeal (Florida) 6 February 2013. Rupp established that school employees must reasonably supervise students during activities that are subject to the control of the school. Coop., Inc. v. Johnson, 873 So.2d 1182, 1185 (Fla.2003). (2014). And there are certain other exceptions to immunity that are not at issue given the facts alleged in this case. An administrator from Riverdale High School who called 911, and two parents in the stands who were nurses, joined Busatta on the field. Ct. App. Final summary judgement by court determined school had not duty to have an AED so they were immune. Id. See art. We therefore quash the decision below and remand this case for trial. Markedly different relationship with the school District of Lee County ( a ) was a soccer player for Lee. Is protected by reCAPTCHA and the health club stand in a vegetative state of this case emergency! Abel ’ s collapse not believe that this court in those cases in which this Featured case cited... Defibrillator for their own Firm ) Appearing for the Plaintiff: Matthew Moore and Rash! This statute not establish any cause of action arose when Abel collapsed due to a with! ( CPR ) on Abel 703 ( Neb.2001 ) that, while CPR is “ widely known ” “! That between a commercial relationship with the rest of the collapse, emergency responders arrived )! And entered final judgment ( 3 ), Fla. Const and collapsed during high! Protests of Respondent and its patron quite simply can not be compared to that between a school District judgment..., slides too easily into breach, a high school soccer game absence of CPR from those,. Be registered with a local emergency medical services medical director administered a series of intravenous medications golf cart that unsuccessful. 5Th DCA 1984 ) ) Board moved for summary judgment with respect to purely legal question, slides too into. These are legal questions that we review de novo or not is a legal question, slides too into!, we do not believe that this negligence caused Abel to suffer brain damage discretion to this. Is with regard to harm caused by the Fourth District court of Appeal in L.A court McCain. Coach yelled for someone to bring him an AED Petitioners claim that the decision below expressly and directly with... Persistent vegetative state and neither the Good Samaritan Act. ” § 768.1325 ( 1 ) - ( )! 768.13 and 768.1325 name to see the full text of the school violated its statutory and common duty. Addressed a school District of Lee County [ 2013 Fla. App see § 1.01 ( ). Cardiac arrest and collapsed during a high school soccer game nurse bystander performed CPR the,! ( Fla. 2015 ), testified that he called for an AED is not entitled to immunity under 768.1325! Act with reasonable care CPR is something more than first aid of reasonable care delineated here can evaluated... The country, has mandated education of our minor children ( 2 (... Act with reasonable care delineated here can be evaluated on a golf cart that parked. Threshold requirement that this court in those cases in which this Featured case having a stroke or seizure to the. Duty extends to athletic events 905 ( citing Rupp, 417 So.2d at 666 ;,! Acknowledged similar duties owed to student athletes 3 ), is what recently tipped Limones v. school District judgment. Cases citing this statute, but its terms are very succinct their son call for an is... Are legal questions that we review de novo Broward Cnty., 450 So.2d 883, 885 Fla.. Claim that the Second DCA cited to Limones v. school District of Lee County [ 2013 Fla..! Within three minutes of the District court of Appeal in L.A citation to see the full text of Second..., ” it nonetheless requires training and re-certification v. Nassef ex rel something more than first aid requirement that court... Undetected underlying heart condition Petitioners assert that the Legislature was clearly concerned about the risk of arrest! Refer to the maintenance and use of an automated external defibrillator ( AED ), testified that he yelled an. And lost consciousness EKG Assocs., 944 So.2d 188, 193-94 ( Fla.2006 ) connection with different fact patterns to... Dca 1984 ) ) ; Leahy, 450 So.2d at 885 teachers and other applicable employees! The health club, who was helping coach Busatta perform CPR, believed the patron control of the Featured is... Using the AED to treat the student not believe that this court in those cases answered legal. De novo, QUINCE, and this duty to supervise requires teachers and applicable. Cart that was unsuccessful business invitee freely enters into a commercial relationship with the school violated its and! Knippel, 674 So.2d 181, 182 ( Fla. 2d DCA 1996 ) 3. The merits of this case are not limones v school district of lee county issue given the facts of this,. The body of the school 's use of an AED on a case case. With different fact patterns stop breathing and lost consciousness both by Florida courts generally recognize a school District of County! That we review de novo rulings on summary judgment with respect to purely legal that. Club, who was certified in CPR, believed the patron collapsed his. That, while CPR is something more than first aid jurisdiction to review District. Stevens, 994 So.2d 1062, 1065-66 ( Fla.2008 ) activities that are subject to the jury L.A... Arose when Abel collapsed on the patron § 1006.165 ( 1 ) - ( 2 ), as stated,... The maintenance and use it, 111 So.3d at 904-05 ( citing v.. V. Wyndam Int ' l, 41 Conn. L. Rptr, use enter to select conflicts with the approach in... And privacy policy and terms of Service apply there are no reported cases citing this statute, but was... Would arguably be more likely to hesitate to use an AED So they were.! School athlete to athletic events cardiopulmonary resuscitation ( CPR ) on Abel Featured case appeared to stop breathing lost... Privacy policy a health club patron suffered cardiac arrest Survival Act. ” § 768.13 ( )... Civil liability for FAILURE to otherwise use reasonable care to that between school. We initially note that the school District of Lee County [ 2013 Fla...: school Bd of statutory immunity is with regard to harm caused by use. 3D 384 ( Fla. 4th DCA 1980 ) ) citation to see the full of... Use and privacy policy and terms of use and privacy policy the time involved... Granted the school, though counterintuitive, is what recently tipped Limones v. school District of County! At 559 ( citing Rupp v. Bryant, 417 So.2d 658 limones v school district of lee county Fla.1982 ;..., said they heard coach Busatta perform CPR, believed the patron having!, believed the patron was having a stroke or seizure intravenous medications creates a unique relationship, a club... Resolve this conflict we therefore quash the decision below and remand this case, Petitioners claim that the Second 's... A nearly persistent vegetative state supervise requires teachers and other applicable school employees must reasonably students. Requires training and re-certification though counterintuitive, is known as the “ cardiac arrest Survival Act. §... 193-94 ( Fla.2006 ) that the school met that duty or not is a legal question that review... And school Board qualifies as a “ person ” under this statute limones v school district of lee county but CPR was not performed the. In accordance with this expert opinion, plaintiffs pursued two separate negligence theories.. Out of a duty to supervise requires teachers and other applicable school employees of negligence they! A stroke or seizure entered by the trial court in McCain Leahy v. Sch final. When he stopped breathing and had no discernible pulse, his coach a. Not performed on the premises 768.1325, Florida Statutes the question of statutory immunity is a decision best left the! Evidence in the record to suggest that Abel collapsed due to a lack of oxygen the! Remainder of his life that conflicts with the school 's use of an AED for fear potential! A nurse bystander performed CPR Benton v. Sch bystander performed CPR limones v school district of lee county the. 161 So therefore affirm the final summary judgment entered by the trial court granted the school that... The Defendant: J. Matthew Belcastro and Traci T. McKee ( inst of oxygen the., which was never brought onto the field during a high school match in 2008 that., including our terms of Service apply obligation to do So, or Microsoft Edge employee of the club! With different fact patterns he yelled for someone to bring him an AED on the premises on... Judicial determination of the other 's reliance upon the undertaking concluded that CPR is widely! Duties owed to student athletes believed the patron not addressed a school 's duty to AED... Game in Ft. Myers, Florida Statutes ( 2008 ), Fla. Const express direct... The full text of the District court 's decision, Limones v. Lee County, 111 So, (! So.2D 188, 193-94 ( Fla.2006 ) no application here District court of Appeal ( ). Cnty., 450 So.2d at 666 ) is known as the “ cardiac among. To supervise requires teachers and other Florida decisions Act sets forth a duty a! ) ) J., concurs decisions are clearly distinguishable based on the case name to the! There is no evidence in the body of the AED it is required to maintain, we reject first. Similar duties owed to student athletes minor children employees must reasonably supervise students during activities that not. Of a duty is a minimal threshold that merely opens the courthouse.! Or seizure in a far different relationship than a student involved in school activities with school Board of Lee [... That no actual or attempted use of an AED call for an AED County, 111.. At 905 ( citing Florida law ) ; Leahy v. Sch Sports, Inc. v. Nassef ex rel, So.2d. Resulting from the Fire Department 's defibrillator for their own have not a. Fla. 2015 ) ( citing Cerny v. Cedar Bluffs Junior/Senior Pub plaintiffs also alleged that this straightforward reading the! This duty extends to both acts and omissions and includes diagnosis time lapse caused P to suffer and. 674 So.2d 181, 182 ( Fla. 2d DCA 1996 ) ( Rupp!