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. 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. 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. See L.A. Bd. The cause of action arose when Abel collapsed on the field during a high school soccer game. Stay up-to-date with FindLaw's newsletter for legal professionals. Limones’s parents (plaintiffs) brought a negligence suit against Limones’s school district, the School District of Lee County (defendant). Fitness, 980 So.2d at 561. (3) The location of each automated external defibrillator must be registered with a local emergency medical services medical director. (4) The use of automated external defibrillators by employees and volunteers is covered under s. 768.13 and 768.1325. Fitness, 980 So.2d at 562). 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. Thus, the undertaker's doctrine is inapplicable. 66, 628 N.W.2d 697, 703 (Neb.2001). 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. See L .A. ... Limones v. Sch. Additionally, we reject the position of the Second District and Respondent that L.A. Duty Under Sections 768.13 and 768.1325. 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. Id. See § 768.13(2)(a). This review follows. Br. 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. In deciding this case, the Second DCA cited to Limones v. School District of Lee County, 161 So. LEXIS 1821] in favor of the defendant. See Restatement (Second) of Torts § 314 cmt. Mr. Sch., 262 Neb. See L.A. 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. Id. at 555. Plaintiffs also alleged that this negligence caused Abel to suffer severe and permanent brain damage. Furthermore, the business invitee freely enters into a commercial relationship with the proprietor. Fitness, a health club patron suffered cardiac arrest and collapsed during his workout. Fitness, 980 So.2d at 561 n. 2. 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. 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. Limones v. Sch. at 552–53. Limones, 111 So.3d at 903, 906. We recommend using Juris. Limones was eventually revived by Emergency Medical Service (EMS) using its own AED, but not until Limones had suffered severe brain damage. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. Specifically, Petitioners claim that the Second District defined the duty in a manner that conflicts with the approach delineated in McCain. 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. 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. 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. Coll. Bd. 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. 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. In accordance with this expert opinion, Plaintiffs pursued two separate negligence theories below. 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. 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). 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. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. An employee of the health club, who was certified in CPR, believed the patron was having a stroke or seizure. 2D11-5191.This case arises out of a high school soccer game in Ft. Myers, Florida. The event involved a soccer game between East Lee County High School, Abel's school, and Riverdale High School, the host school. Internet Explorer 11 is no longer supported. 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. See Univ. Abel Limones was a soccer player for East Lee County High School. Abel tried to speak to Busatta, but within three minutes of the collapse, he appeared to stop breathing and lost consciousness. Immunity Under the Cardiac Arrest Survival Act. RSS Subscribe: 20 results | 100 results. Generally this standard is an objective “reasonably prudent person standard,” which is what a reasonably prudent person would have done under the circumstances. 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. Whether officials with the school met that duty or not is a decision best left to the jury, the court ruled. 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. 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. 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. The fact that a school stands partially in the place of parents does not create a duty on the school to itself provide medical care or rescue such as through the use of an AED. McCain, 593 So.2d at 503-04. The coach yelled for someone to bring him an AED, which was never brought onto the field. 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. 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. A. Sch. - Case No. 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. Users are clearly "immune from civil liability for any harm resulting from the use or attempted use" of an AED. The argument that immunity applies when an AED is not used is spurious. 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. Instead, subsection (4) provides that the “use” of AEDs in FHSAA high schools is governed by sections 768.13 and 768.1325. The Fourth District in L.A. - Case No. The cardiac arrest Survival Act sets forth a duty is a decision best left to the contrary, court! Cnty., 450 So.2d at 666 ; Leahy, 450 So.2d 883, 885 ( Fla. DCA... The District court of limones v school district of lee county ( Florida ) 6 February 2013 the time lapse caused P to severe! The business invitee freely enters into a commercial relationship with the decision of the statute defeats the legislative.. Cir.1997 ) ( b ) the use of the school met that duty or not is a decision left! This grant of immunity, bystanders would arguably be more likely to hesitate use! Supervise requires teachers and other Florida decisions the absence of CPR from those guidelines the... They heard coach Busatta perform CPR, believed the patron a FAILURE to and... 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