Under a plain reading of the statute, this subsection creates two classes of parties that may be immune from liability arising from the misuse of AEDs: users (actual or attempted), and acquirers. 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). 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. 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. See, e.g., Found. The Second District in Limones found no distinction between L.A. No one else, including the nurse who was helping Coach Busatta perform CPR, said they heard Coach Busatta call for an AED. Id. SC13-932. 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. Furthermore, the business invitee freely enters into a commercial relationship with the proprietor. 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. Health v. Westside EKG Assocs., 944 So.2d 188, 193-94 (Fla.2006). Sch., 262 Neb. First, as stated above, reasonable care under the circumstances is not and should not be a fixed concept. 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. 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. And neither the Good Samaritan Act nor the Cardiac Arrest Survival Act sets forth a duty to use an AED. (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.”). Further, "[t]he use of [AEDs] by employees and volunteers is covered under [sections] 768.13 and 768.1325," which generally regulate immunity under Florida's Good Samaritan Act and the Cardiac Arrest Survival Act. SC13-932. Such a narrow definition of duty, a purely legal question, slides too easily into breach, a factual matter for the jury. 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. Final summary judgement by court determined school had not duty to have an AED so they were immune. SCHOOL DISTRICT OF LEE COUNTY et al., Respondents. 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. 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. 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. Despite the protests of Respondent and its amici, we do not believe that this straightforward reading of the statute defeats the legislative intent. Therefore, there is no express and direct conflict and we lack jurisdiction to review the district court's decision. 2d 86 (Fla. 2000) Supreme Court of Florida March 30, 2000 Also cited by 18 other opinions 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. 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. They accused school employees of negligence because they did not use a nearby defibrillator on their son. at 502. 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. The Fourth District in L.A. Abel was resuscitated at 8:06 p.m., which was twenty-three minutes after the 9–1–1 call. Limones v. School Dist. We therefore do not address it here. Busatta and one nurse began to perform cardiopulmonary resuscitation (CPR) on Abel. Limones’s parents (plaintiffs) brought a negligence suit against Limones’s school district, the School District of Lee County (defendant). Restatement (Second) of Torts § 323 (1965). Sorted by Relevance | Sort by Date. See L .A. Plaintiffs also alleged that this negligence caused Abel to suffer severe and permanent brain damage. EMS arrived and revived P 26 minutes after P’s collapse. Id. (b) the harm is suffered because of the other's reliance upon the undertaking. We initially note that the proprietor-customer relationship most frequently involves two adult parties, whereas the school-student relationship usually involves a minor. Wyke v. Polk Cnty. 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. Florida Power Corp., 593 So.2d 500 (Fla.1992), and several other Florida decisions. of Lee Cty., 111 So. 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). RSS Subscribe: 20 results | 100 results. § 1006.165(1)-(2), Fla. Stat. See Rupp, 417 So.2d at 666-67. - Case No. 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. See Limones, 111 So.3d at 904 (citing Leahy, 450 So.2d at 885); see also Zalkin, 639 So.2d at 1021. 3d 901 (Fla. 2d DCA 2013), does not expressly and directly conflict with McCain v. at 559 (citing Pacello v. Wyndam Int'l, 41 Conn. L. Rptr. (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. We therefore affirm the final summary judgment entered by the trial court in favor of the School Board. In the case of Limones v. School District of Lee County , a student’s family filed a lawsuit against the school district after their son died after collapsing during a soccer game. Some laws may penalize those who fail to respond. Rupp established that school employees must reasonably supervise students during activities that are subject to the control of the school. An employee of the health club, who was certified in CPR, believed the patron was having a stroke or seizure. Bd. The Second District determined that a clearly recognized common law duty existed under both Rupp and Leahy. See Nova Se. § 1006.165(1)-(2), Fla. Stat. Id. 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. Mr. III. We are unable to distinguish L.A. Please try again. Petitioners assert that the decision below expressly and directly conflicts with the decision of this Court in McCain and other Florida decisions. 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. We therefore conclude that the facts of this case are not comparable to those in L.A. 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. at 503 n. 2. at 552. Two Arguments. of Palm Beach Cnty., 967 So.2d 259, 268 (Fla. 4th DCA 2007) (finding that the duty of supervision did not extend to a student who was injured when she left school premises without authorization). 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. We are also cognizant of the concern raised by Respondent and its amici that if a defined duty could require every high school to provide an AED at every athletic practice and contest, the result could be great expense. at 908-09. 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