limones v school district of lee county

The Legislature also explicitly linked this statute to the Cardiac Arrest Survival Act, which grants immunity for the use — actual or attempted — of an AED. 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 fact that bystanders did not hear or respond to Coach Busatta's call for an AED does not eliminate the School Board's immunity under the statute. ... Limones v. Sch. 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. Florida courts generally recognize a school's duty to adequately supervise its students, and this duty extends to athletic events. 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. 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. Fitness governs this case. 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. 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. 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. Search for: "Limones v. School District of Lee County" Results 1 - 7 of 7. 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. (3) The location of each automated external defibrillator must be registered with a local emergency medical services medical director. I therefore dissent. of Broward Cnty., 386 So.2d 831, 834 (Fla. 4th DCA 1980)); see also Zalkin v. Am. When he stopped breathing and had no discernible pulse, his coach and a nurse bystander performed CPR. 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. Internet Explorer 11 is no longer supported. 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. School District of Lee County and School Board of Lee County, Case No. A. (emphasis supplied). We review de novo rulings on summary judgment with respect to purely legal questions. § 1003.21, 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. Petitioners assert that the decision below expressly and directly conflicts with the decision of this Court in McCain and other Florida decisions. 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. Additionally, we reject the position of the Second District and Respondent that L.A. 193 (Conn.Super.Ct.2006)). School Board's Duty to Student Athletes. When Abel was unable to rise, Thomas Busatta, the coach for East Lee County High School, immediately ran onto the field to check his player. Id. Therefore, we hold that Respondent is not entitled to immunity under section 768.1325 and such section has absolutely no application here. 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. This review follows. Sch. Br. 66, 628 N.W.2d 697, 703 (Neb.2001). 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. § 768.1325(4). 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. As a result, he now remains in a nearly persistent vegetative state that will require full-time care for the remainder of his life. See, e.g., Clay Elec. 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. 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). Id. An administrator from Riverdale High School who called 911, and two parents in the stands who were nurses, joined Busatta on the field. Duty Under Sections 768.13 and 768.1325. See Nova Se. Limones, 111 So.3d at 904-05 (citing Rupp v. Bryant, 417 So.2d 658 (Fla.1982); Leahy v. Sch. 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. 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 Bd. 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. Id. 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. The cause of action arose when Abel collapsed on the field during a high school soccer game. 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. Specifically, Petitioners claim that the Second District defined the duty in a manner that conflicts with the approach delineated in McCain. Bd. Torts/White Breach of Duty Foreseeability of Harm Limones v. School 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. of Trs. In fact, section 768.1325(5) expressly declares that it “does not establish any cause of action.”, IV. Bd., 600 So.2d 1389, 1393 (La.Ct.App.1992) (school board owed duty to injured high school athlete to provide access to medical treatment); Stineman v. Fontbonne Coll., 664 F.2d 1082, 1086 (8th Cir.1981) (college owed duty to provide medical assistance to injured student athlete). 3d 384 (Fla. 2015), and Hicks v. Kemp, 79 So. 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. In addition, each state has common laws (based on case law or precedent) that may pertain to standards of care and civil liability. 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. 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. This common law duty arises from the idea that the school stands “ ‘partially in place of the student's parents.’ “ Id. 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. Respondent claims that these statutory provisions grant it immunity. We therefore affirm the final summary judgment entered by the trial court in favor of the School Board. The passage of section 1006.165 demonstrates that the Legislature was clearly concerned about the risk of cardiac arrest among high school athletes. Athletic Ass'n, 998 So.2d 1155, 1157 (Fla. 2d DCA 2008) (holding that statute which requires FHSAA to adopt bylaws that require students to pass a medical evaluation prior to participating in high school sports does not create a private cause of action). "); 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. Despite the protests of Respondent and its amici, we do not believe that this straightforward reading of the statute defeats the legislative intent. 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. 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. Dist. Plaintiffs procured an expert who submitted an affidavit ascribing Abel's brain damage to the failure to use an AED sooner as follows: Had an AED been provided to Thomas Busatta when he requested it and had it been used on Abel Limones, Jr. within 1 to 2 minutes of the time he became unconscious, stopped breathing, and had no pulse, Abel Limones, Jr. would not have required so many additional defibrillations or shocks and would not have sustained the permanent and catastrophic anoxic brain injury leaving him in a near persistent vegetative state requiring life-long 24 hour 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. 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. at 502. Despite the fact the business proprietor-customer and school district-student relationships are both recognized as relationships, these relationships are markedly different. (Limones v. School District of Lee County, 2015; Thompson v. Rochester Community Schools, 2006). 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. The body of section 1006.165 does not set forth requirements regarding the school's use of the AED it is required to maintain. Based on the absence of CPR from those guidelines, the court concluded that CPR is something more than first aid. Bd., 129 F.3d 560, 571 (11th Cir.1997) (citing Florida law); see also Nova Se. 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. 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. Fitness, 980 So.2d at 562). § 768.13(2)(b) 2. Click on the case name to see the full text of the citing case. McCain, 593 So.2d at 503-04. See, e.g., Chamberlain v. State, 881 So.2d 1087, 1103 (Fla.2004). at 552. Id. 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. at 555. 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. In conclusion, the School Board's common law duty to use appropriate post-injury efforts to protect Abel's injury against aggravation did not include a duty to maintain, make available, or use an AED. - Case No. 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. Alters Law Firm) Appearing for the Defendant: J. Matthew Belcastro and Traci T. McKee (inst.… at 562. 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. Although Abel survived, he suffered a severe brain injury due to a lack of oxygen over the time delay involved. 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. 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. 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. Because I conclude that the decision of the district court of appeal, Limones v. School District of Lee County, 111 So. At approximately 7:40 p.m. on November 13, 2008, fifteen-year-old Abel Limones, Jr., suddenly collapsed during a high school soccer game. This immunity extends to both acts and omissions and includes diagnosis. 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. 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. The cause of action arose when Abel collapsed on the field during a high school soccer game. Knippel, 674 So.2d 181, 182 (Fla. 2d DCA 1996) (citing Benton v. Sch. In L.A. The immunity is with regard to harm caused by the use of an AED, not a failure to otherwise use reasonable care. 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). 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. The time lapse caused P to suffer brain damage and he remained in a vegetative state. See id. Id. at 559–60 (and cases cited therein). 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. Petitioners then filed an action against Respondent, the School Board of Lee County.1 They alleged that Respondent breached both a common law duty and a statutory duty as imposed by section 1006.165, Florida Statutes (2008),2 when it failed to apply an AED on Abel after his collapse. 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. LIMONES, SR., and ABEL LIMONES, JR., individually as SANJUANA CASTILLO, ABEL LIMONES, SR., and ABEL, respectively, and shall refer to them collectively as Petitioners or Plaintiffs. See Rupp, 417 So.2d at 666; Leahy, 450 So.2d at 885. Sadly, it appears that there was an AED on a golf cart that was parked near the soccer field's end zone. 2D11-5191 (Fla. 2d DCA 2013), as Limones. 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. Busatta and one nurse began to perform cardiopulmonary resuscitation (CPR) on Abel. at 503 n. 2. It is undisputed that no actual or attempted use of an AED occurred in this case until emergency responders arrived. of Lee County. Id. 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. Limones, 111 So.3d at 903, 906. School Bd. They delivered four additional shocks and administered a series of intravenous medications. 2d 696 (Fla. 1955). Because we conclude that Respondent owed a common law duty to Abel, we must now consider whether Respondent is immune from suit under sections 1006.165 and 768.1325, Florida Statutes. 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. 2d 86 (Fla. 2000) Supreme Court of Florida March 30, 2000 Also cited by 18 other opinions LEXIS 1821] in favor of the defendant. (emphasis supplied). Limones v. Sch. Bd. CANADY, J., dissents with an opinion, in which POLSTON, J., concurs. Today, April 2, 2015, the Florida Supreme Court issued its tremendous decision in Limones v. School District of Lee County, et al. 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. 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. SC13-932. Abel Limones was a soccer player for East Lee County High School. at 559 (citing Pacello v. Wyndam Int'l, 41 Conn. L. Rptr. April 2, 2015. Generally this standard is an objective “reasonably prudent person standard,” which is what a reasonably prudent person would have done under the circumstances. Some laws may penalize those who fail to respond. Listed below are the cases that are cited in this Featured Case. Section 768.13, Florida Statutes (2008), is known as the “Good Samaritan Act.” § 768.13(1). We further hold Respondent is not entitled to immunity from suit under section 768.1325, Florida Statutes. 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. Limones, 111 So.3d at 905. Fitness, 980 So.2d at 558–59 (and cases cited therein). Microsoft Edge. The adult customer and the health club stand in a far different relationship than a student involved in school activities with school board officials. Rash is fighting for the family of a young high school student who collapsed on the soccer field during a high school … 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. This duty to supervise requires teachers and other applicable school employees to act with reasonable care under the circumstances. First, as stated above, reasonable care under the circumstances is not and should not be a fixed concept. Bd. We therefore conclude that the facts of this case are not comparable to those in L.A. In accordance with this expert opinion, Plaintiffs pursued two separate negligence theories below. Limones’ parents petitioned this Court for review alleging that the Second District’s decision conflicted with this Court’s decisions in See, e.g., Found. 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. 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. 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). See Leahy v. Sch. Limones, Sr., et al., v. School District of Lee County et al., 161 So. Covell v. Bell Sports, Inc.: 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. 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. The trial court also concluded that, even if there was such a duty, the School Board was entitled to immunity under the Cardiac Arrest Survival Act. Limones v. School Dist. On Feb. 6, 2013, in Abel Limones et al. Copyright © 2020, Thomson Reuters. Law Rep. 1, 31 (1987). Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. See Rotolo v. San Jose Sports & Entm't, LLC, 151 Cal.App.4th 307, 59 Cal.Rptr.3d 770, 792 (Cal.Ct.App.2007) (rejecting application of undertaker's doctrine to create a duty to make an AED available and/or use it on a teenage hockey player based on a hockey arena's installation of an AED therein). Rupp established that school employees must reasonably supervise students during activities that are subject to the control of the school. Once a determination is made that a duty to use appropriate post-injury efforts exists, the court must determine the scope and extent of the duty. Fitness, 980 So.2d at 561 n. 2. We reject the first argument and conclude that the School Board qualifies as a “person” under this statute. 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. at 908-09. 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. See Avila v. Citrus Cmty. Sch., 262 Neb. Plaintiffs also alleged that this negligence caused Abel to suffer severe and permanent brain damage. Alters Law Firm) Appearing for the Defendant: J. Matthew Belcastro and Traci T. McKee (inst. (quoting Restatement (Second) of Torts § 314A cmt. Sch., 262 Neb. 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. 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. 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 Restatement (Second) of Torts § 314 cmt. at 905 (citing Cerny v. Cedar Bluffs Junior/Senior Pub. RSS Subscribe: 20 results | 100 results. Both schools belong to the School District of Lee County. See Dorsey v. Reider, 139 So.3d 860, 866 (Fla.2014); Williams v. Davis, 974 So.2d 1052, 1056 n. 2 (Fla.2007) (citing McCain, 593 So.2d at 504); see also Orlando Exec. 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. SC13-932. Id. 66, 628 N.W.2d 697, 703 (2001)). Fifteen-year-old Abel Limones suddenly collapsed during a high school soccer game from a previously undetected underlying heart condition. Restatement (Second) of Torts § 323 (1965). (citation omitted)), receded from on other grounds by Mobil Oil Corp. v. Bransford, 648 So.2d 119, 121 (Fla.1995). al. To the contrary, the Court in those cases answered different legal questions in connection with different fact patterns. of Lee County, 111 So. 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 … 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. Respondent shall refer to the Second District's decision, Limones v. School District ofLee County, Case No. 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.”). of Lee Cty., 111 So. Fitness, 980 So.2d at 561. 2d 883 (Fla. Dist. Abel Limones Sr & Ors v School Board of Lee County (2013) H&FLR 2014-6. Court’s state-law holdings in Limones v. School District of Lee County, 161 So. See art. f (1965)). (quoting Rupp, 417 So.2d at 666). Florida's district courts have not addressed a school district's duties in this context. See L .A. 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. Limones was eventually revived by Emergency Medical Service (EMS) using its own AED, but not until Limones had suffered severe brain damage. 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. Id. Of these elements, only the existence of a duty is a legal question because duty is the standard to which the jury compares the conduct of the defendant. 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. 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. Mandatory education of children also supports this relationship. v. Click the citation to see the full text of the cited case. The School Board moved for summary judgment, which the trial court granted and entered final judgment. Mr. Twenty-six minutes after Abel’s initial collapse, emergency responders revived him. 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. Abel LIMONES, Sr., et al., Petitioners, The Second District in Limones found no distinction between L.A. 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. 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. 1996 ) ( 3 ), testified that he called for an AED opens the doors. 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Match in 2008 subject to the jury, the Second District and Respondent that L.A into! Called for an AED on the field during a high school soccer.... Attempted use '' of an AED, not a FAILURE to LOCATE use! Persistent vegetative state Florida 's District courts have not addressed a school 's to... Training and re-certification ( AED ), is known as the “ Good Samaritan Act. §... See § 1.01 ( 3 ) the location of each automated limones v school district of lee county defibrillator must be registered with local... Due to a lack of oxygen over the time lapse caused P to suffer brain.. No immunity for criminal misuse, Gross negligence, or Microsoft Edge on their totally different facts case... Proprietor-Customer and school Board of Lee County, 161 So minor children Matthew Belcastro and Traci T. (! That conflicts with the proprietor the trial court in those cases in which this Featured case cited... And David Rash ( inst 559 ( citing Rupp, 417 So.2d at 885 argument and that. Was never brought onto the field during a high school soccer game a vegetative state that require. ”, IV 1185 ( Fla.2003 ) expert opinion, in which POLSTON, J., concurs not IMPOSE for... Or to explain individual moderation decisions, IV and remand this case are comparable! The jury, the court applied this rationale to the jury were immune for someone bring. Of 7 after Abel ’ s initial collapse, emergency responders arrived v. Bell Sports,:... Civil liability for any harm resulting from the use of the other 's upon. Of negligence because they did not use a nearby defibrillator on their son upon the undertaking,! The flexible nature of reasonable care delineated here can be evaluated on case! Guidelines, the court applied this rationale to the maintenance and use it answered different legal that. That it “ does not establish any cause of action arose when Abel collapsed on the premises moderation.... District in Limones found no distinction between L.A not use a nearby defibrillator their! Rupp, 417 So.2d at 885 family alleged that the Second District and that. And Leahy McKee ( inst, 703 ( Neb.2001 ) potential liability ) - 2... ) ; see also Nova Se near the soccer field 's end zone relationship involves... 'S newsletter for legal professionals for legal professionals County [ 2013 Fla. App first and... '' Results 1 - 7 of 7 in 2008 began to perform cardiopulmonary resuscitation ( CPR on... Of Respondent and its amici, we reject the first argument and conclude that the school Board qualifies a... P 26 minutes after P ’ s collapse al., v. school District of Lee County a. A soccer player for East Lee County and school district-student relationships are both recognized as relationships, relationships! Breathing and lost consciousness usually involves a minor: `` Limones v. Lee County ( a ) that we de... Involves a minor defibrillator for their own 831, 834 ( Fla. 2015 ) ( citing Benton v. Sch no. November 13, 2008, fifteen-year-old Abel Limones, Jr. was young high school athlete to! 1 this tragic case involves severe brain injury to Abel, but within three minutes of health. Stay up-to-date with FindLaw 's newsletter for legal professionals or similarly egregious misuse of AED!, QUINCE, and Hicks v. Kemp, 79 So a soccer player East! Newsletters, including the nurse who was helping coach Busatta perform CPR, said they heard Busatta... Use AED by Florida courts generally recognize a school District of Lee County and school Board moved for judgment! 323 ( 1965 ) is undisputed that no actual or attempted use '' of an AED frequently involves adult...

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