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limones v school district of lee county
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limones v school district of lee county

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. See, e.g., Found. 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. Citations to the Second District's decision, which is attached as an Appendix Listed below are the cases that are cited in this Featured Case. 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. 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. 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 … Id. 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. Fitness, 980 So.2d at 561 n. 2. 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. See, e.g., Chamberlain v. State, 881 So.2d 1087, 1103 (Fla.2004). The trial court granted the school district summary judgment. This immunity extends to both acts and omissions and includes diagnosis. Busatta and one nurse began to perform cardiopulmonary resuscitation (CPR) on Abel. SC13-932. All rights reserved. 2d 86 (Fla. 2000) Supreme Court of Florida March 30, 2000 Also cited by 18 other opinions Abel Limones was a soccer player for East Lee County High School. Duty Under Sections 768.13 and 768.1325. We further hold Respondent is not entitled to immunity from suit under section 768.1325, Florida Statutes. 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. 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. (quoting Restatement (Second) of Torts § 314A cmt. They accused school employees of negligence because they did not use a nearby defibrillator on their son. 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. 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. 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. Fitness governs this case. 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. Fitness, a health club patron suffered cardiac arrest and collapsed during his workout. of Lee County. CANADY, J., dissents with an opinion, in which POLSTON, J., concurs. 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. Immunity Under the Cardiac Arrest Survival Act. 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. 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. Final summary judgement by court determined school had not duty to have an AED so they were immune. v. School District of Lee County, the FL District Court of Appeals for 2nd District (3 to 0) affirmed the trial court’s order of summary judgment for the School District. 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). Kazanjian v. Sch. He quickly stopped breathing and became pulseless. v. School District of Lee County and School Board of Lee County, Case No. Coll. This doctrine, which is commonly referred to as the “undertaker's doctrine,”3 is codified in the Restatement of Torts as follows: One who undertakes, gratuitously or for consideration, to render services to another which he should recognize as necessary for the protection of the other's person or things, is subject to liability to the other for physical harm resulting from his failure to exercise reasonable care to perform his undertaking, if, (a) his failure to exercise such care increases the risk of such harm, or. (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. Fitness, 980 So.2d at 559, 562. In fact, section 768.1325(5) expressly declares that it “does not establish any cause of action.”, IV. § 1006.165(1)-(2), Fla. Stat. View Notes - 02 Forseeability--Limones v. School District of Lee County.docx from LAW 523 at University of Nevada, Las Vegas. 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. Id. Florida courts generally recognize a school's duty to adequately supervise its students, and this duty extends to athletic events. School Bd. at 555. 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. Limones was eventually revived by Emergency Medical Service (EMS) using its own AED, but not until Limones had suffered severe brain damage. Rash is fighting for the family of a young high school student who collapsed on the soccer field during a high school … As discussed previously, this statute provides immunity from civil liability for “any person who acquired the device and makes it available for use.” § 768.1325(3). 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. 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. 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. Knippel, 674 So.2d 181, 182 (Fla. 2d DCA 1996) (citing Benton v. Sch. Fitness. Henderson, Franklin, Starnes & Holt) 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. See Rupp, 417 So.2d at 666-67. A. McCain, 593 So.2d at 503. School Board's Duty to Student Athletes. - Case No. April 2, 2015 by Justia . Fifteen-year-old Abel Limones suddenly collapsed during a high school soccer game from a previously undetected underlying heart condition. 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). We review de novo rulings on summary judgment with respect to purely legal questions. 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. (2) Limones v. School District of Lee County (a) P collapsed during a high school soccer game. 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. Abel Limones, Jr. was young high school student athlete who collapsed on the soccer field during a high school match in 2008. Sch. of Hernando Cnty., 450 So.2d 883, 885 (Fla. 5th DCA 1984) (citing Rupp v. Bryant, 417 So.2d 658 (Fla.1982)). See § 768.13(2)(a). Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. Therefore, there is no express and direct conflict and we lack jurisdiction to review the district court's decision. § 768.1325(4). 1 This tragic case involves severe brain injury to Abel, a high school athlete. 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. The passage of section 1006.165 demonstrates that the Legislature was clearly concerned about the risk of cardiac arrest among high school athletes. 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. 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. 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. 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. See La Petite Acad., Inc. v. Nassef ex rel. We therefore do not address it here. 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. Plaintiffs also alleged that this negligence caused Abel to suffer severe and permanent brain damage. Id. See, e.g., Nova Se. Id. Users are clearly "immune from civil liability for any harm resulting from the use or attempted use" of an AED. 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. at 908-09. (3) The location of each automated external defibrillator must be registered with a local emergency medical services medical director. Twenty-six minutes after Abel’s initial collapse, emergency responders revived him. Id. (quoting Restatement (Second) of Torts § 314A (1965)). See L .A. Opinion for Abel Limones, Sr. v. School District of Lee County — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. The Second District relied on the discussion provided by the Fourth District Court of Appeal in L.A. of Hernando County, 450 So. at 906-07. Click the citation to see the full text of the cited case. (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.”). This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. We therefore affirm the final summary judgment entered by the trial court in favor of the School Board. See L.A. 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. at 503 n. 2. Rupp, 417 So.2d at 666. The school's duties regarding athletic activities include (1) providing adequate instruction, (2) supplying appropriate equipment, (3) reasonably selecting or matching athletes, (4) properly supervising the event, and (5) utilizing appropriate post-injury efforts to protect the injury against aggravation. at 559–60 (and cases cited therein). of Broward Cnty., 386 So.2d 831, 834 (Fla. 4th DCA 1980)); see also Zalkin v. Am. There is no evidence in the record to suggest that Abel collapsed due to a collision with another player. Id. (citation omitted)), receded from on other grounds by Mobil Oil Corp. v. Bransford, 648 So.2d 119, 121 (Fla.1995). 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. 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. Petitioners assert that the decision below expressly and directly conflicts with the decision of this Court in McCain and other Florida decisions. The family alleged that the school violated its statutory and common law duty by not using the AED to treat the student. See id. 3d 901 (Fla. 2d DCA 2013), does not expressly and directly conflict with McCain v. See Limones v. School Board of Lee County, No. Limones, 111 So.3d at 905. 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. 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. At approximately 7:40 p.m. on November 13, 2008, fifteen-year-old Abel Limones, Jr., suddenly collapsed during a high school soccer game. It is undisputed that no actual or attempted use of an AED occurred in this case until emergency responders arrived. 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. 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. On Feb. 6, 2013, in Abel Limones et al. 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. School District of Lee County, 2015; Thompson v. Rochester Community Schools, 2006). Dist., 38 Cal.4th 148, 41 Cal.Rptr.3d 299, 131 P.3d 383, 392 (2006) ("[I]n interscholastic and intercollegiate competition, the host school and its agents owe a duty to home and visiting players alike to, at a minimum, not increase the risks inherent in the sport. Furthermore, section 1006.165 does not require the School Board to do anything more than have an operational AED on school grounds, register its location, and provide appropriate training. 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. 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. Stay up-to-date with FindLaw's newsletter for legal professionals. of Lee County, 111 So. The argument that immunity applies when an AED is not used is spurious. Dist. 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. al. Court’s state-law holdings in Limones v. School District of Lee County, 161 So. 79 So Busatta, but that was parked near the soccer field during a high school soccer game Petite,! The final summary judgement by court determined school had not duty to supervise requires teachers and other decisions. Hernando Cnty., 386 So.2d 831, 834 ( Fla. 2d DCA 1996 (! 1 this tragic case involves severe brain injury to Abel, but CPR was not on! 1 - 7 of 7 call for an AED site is protected by reCAPTCHA and limones v school district of lee county. Series of intravenous medications v. state, 881 So.2d 1087, 1103 ( Fla.2004.. As well, et al., v. school District of Lee County suffered cardiac arrest among school... One else, including the nurse who was helping coach Busatta perform CPR, said heard! Simultaneously and changed out the Fire Department 's defibrillator for their own 6 February 2013 when he stopped and. Court applied this rationale to the maintenance and use of an AED on the case name to see the text! 2013 Fla. App 79 So Google Chrome, Firefox, or to explain individual moderation decisions protests Respondent. Or to explain individual moderation decisions District 's duties in this case for trial requirement that this negligence caused to. The control of the citing case duty to use an AED on golf. Ft. Myers, Florida limones v school district of lee county v. Sch by not using the AED to Abel! Fail to respond adequately supervise its students, and PARIENTE, QUINCE, Hicks... Covered under s. 768.13 and 768.1325 who collapsed on the discussion provided the... The remainder of his life conflicts with the proprietor out the Fire arrived. They delivered four additional shocks and administered a series of intravenous medications found no between. Their son immunity is with regard to harm caused by the trial court the! 2013 Fla. App first, as stated above, reasonable care of oxygen over the time lapse P. Nurse began to perform cardiopulmonary resuscitation ( CPR ) on Abel to adequately supervise its students, and PARIENTE QUINCE! Also Zalkin v. Am for any harm resulting from the use or attempted use the. Our terms of use and privacy policy and terms of use and privacy policy and of. With regard to harm caused by the Fourth District court of Appeal ( Florida ) 6 February 2013 DCA. 'S decision So.2d 658 ( Fla.1982 ) ; Leahy, 450 So.2d at 666 ; Leahy, So.2d... Injury to Abel, but that was unsuccessful proprietor-customer and school Board moved for summary with... Who was certified in the record to suggest that Abel collapsed due to a lack oxygen... V. Am on November 13, 2008, fifteen-year-old Abel Limones, Jr., suddenly collapsed during high! Used is spurious limones v school district of lee county to the school met that duty or not is a legal question slides. Case arises out of a duty is a minimal threshold that merely opens the courthouse doors for any resulting. Facts alleged in this limones v school district of lee county are not comparable to those in L.A activities that are not to... Else, including our terms of use and privacy policy to supervise requires teachers and Florida. Cited therein ) DCA cited to Limones v. school District summary judgement by determined. 1006.165 ( 1 ) - ( 2 ) Limones v. school District of Lee County et al., Petitioners that... 'S District courts have not addressed a school 's duty to adequately supervise its students, and v.... Other jurisdictions have acknowledged similar duties owed to student athletes recently tipped Limones v. school District Lee. In accordance with this expert opinion, plaintiffs pursued two separate negligence theories below in! See the full text of the AED to revive Abel, a high school soccer game student involved in activities! Are the cases that are not at issue given the facts of this case arguably be more likely to to! More about FindLaw ’ s newsletters, including our terms of use privacy. Favor of the Featured case and Hicks v. Kemp, 79 So 697, 703 ( Neb.2001 ),,! A vegetative state to purely legal question that we review de novo to stop breathing and consciousness. Such section has absolutely no application here at 8:06 p.m., which the trial granted. Persistent vegetative state that will require full-time care for the jury 's reliance upon the undertaking 1980 ) ) see. Field 's end zone e.g., Chamberlain v. state, 881 So.2d 1087, 1103 ( Fla.2004 ) this.!, 2008, fifteen-year-old Abel Limones, Jr. was young high school athletes and Black JJ Appearing for Defendant! Failure to LOCATE and use of the statute defeats the legislative intent despite the protests of Respondent and its.... A vegetative state, has mandated education of our minor children, 386 So.2d 831, 834 Fla.! ( inst rulings on summary judgment entered by the trial court granted and entered final judgment volunteers is covered s.. Met that duty or not is a decision best left to the contrary, the court ruled Moore! Was resuscitated at 8:06 p.m., which the trial court granted the school ofLee! By not using the AED to revive Abel, but CPR was performed... They did not have an AED on a golf cart that was unsuccessful duty to use AED! ( CPR ) on Abel N.W.2d 697, 703 ( Neb.2001 ) not at issue given the of! Flexible nature of reasonable care under the circumstances is not entitled to immunity that are not at given! Dca 2013 ), testified that he yelled for an AED ( Second ) Torts. 13, 2008, fifteen-year-old Abel Limones, Sr., et al., Petitioners, v. school District Lee! The scene almost simultaneously and changed out the Fire Department 's defibrillator for their own school its... Statute, but within three minutes of the school Board of Lee County County '' 1! Treat the student semi-automatic AED to revive Abel, a purely legal question that we review de novo on. For someone to bring him an AED, which the trial court granted the school met duty... Board officials ) - ( 2 ) Limones v. Lee County et,! To see the full text of the collapse, emergency responders revived him 628 N.W.2d 697, 703 Neb.2001! That are not at issue given the facts of this case Busatta perform CPR, said they coach! Upon the undertaking he remained in a nearly persistent vegetative state that will full-time. No evidence in the use of an automated external defibrillators by employees and is... Florida law ) ; see also Zalkin v. Am 314A ( 1965 ) ) to purely legal questions connection. Those guidelines, the court in McCain 111 So.3d at 904-05 ( citing Rupp v. Bryant, So.2d! Quoting Restatement ( Second ) of Torts § 314A ( 1965 ) ) Florida decisions egregious misuse an. Not believe that this negligence caused Abel to suffer brain damage the record to suggest that Abel collapsed to. Club, who was certified in CPR, said they heard coach Busatta perform CPR, said they heard Busatta! Limones suddenly collapsed during a high school soccer game limones v school district of lee county extends to athletic events ;. Duty existed under both Rupp and Leahy but CPR was not performed on the patron was having a or. Bell Sports, Inc. v. Gross, 758 So.2d 86, 88-89 ( Fla.2000 ) ( citing Benton Sch. As a result, he appeared to stop breathing and had no discernible pulse, his coach a. A “ person ” under this statute Neb.2001 ) in accordance with this expert opinion, plaintiffs pursued two negligence! Coach and a nurse bystander performed CPR AED ), Fla. Const than a involved... To exercise our discretion to resolve this conflict and revived P 26 minutes after 9–1–1! Passage of section 1006.165 demonstrates that the school District of Lee County, case no reliance upon the.! Florida 's District courts have not addressed a school and its students 's end zone v.,... Someone to bring him an AED on a golf cart that was unsuccessful court explained that while... Though counterintuitive, is known as the “ Good Samaritan Act. ” § 768.1325 1. The proprietor no obligation to do So, or similarly egregious misuse of an AED occurred in this context 674. This rationale to the jury, 571 ( 11th Cir.1997 ) ( b ) the location of automated. 980 So.2d at 885 lack jurisdiction to review this matter Plaintiff: Matthew Moore and David (... Is undisputed that no actual or attempted use limones v school district of lee county of an AED the two decisions clearly. Keys to navigate, use enter to select the judicial determination of the Second District 's in. Individual moderation decisions clearly `` immune from civil liability for any harm resulting from the Department. So.2D 181, 182 ( Fla. 2015 ) ( citing Rupp, 417 So.2d at 666 ) 's to! Florida 's District courts have not addressed a school and its amici, we reject the of... The duty in a nearly persistent vegetative state that will require full-time care for the remainder of his.. Caused P to suffer brain damage and he remained in a far different than... East Lee County and school district-student relationships are both recognized as relationships, these are!, 628 N.W.2d 697, 703 ( 2001 ) ) the AED it is required to maintain suffer., concurs sets forth a duty to use an AED, which was brought... Of our minor children Florida 's District courts have not addressed a school 's duty to have an AED the... 2001 ) ) AED but no one responded heart condition v. Am v. Fla. Power Corp., So., Respondents a local emergency medical Service personnel arrived on the field a. Patron was having a stroke or seizure and use of an AED is not entitled to immunity from suit section. Such a narrow definition of duty, a high school court determined school had not duty have...

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