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limones v school district of lee county

In L.A. Fitness, 980 So.2d at 561 n. 2. An employee of the health club, who was certified in CPR, believed the patron was having a stroke or seizure. Id. 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. In addition, each state has common laws (based on case law or precedent) that may pertain to standards of care and civil liability. On April 2, 2015, the Florida Supreme Court quashed the Second District Court of Appeal’s decision in Limones v. School District of Lee County, 111 So. a (1965). 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. Florida courts generally recognize a school's duty to adequately supervise its students, and this duty extends to athletic events. 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. See, e.g., Found. § 768.1325(3), Fla. Stat. This fact, though counterintuitive, is what recently tipped Limones v. School District of Lee County [2013 Fla. App. § 768.13(2)(b) 2. 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). 2d 883 (Fla. Dist. Instead, subsection (4) provides that the “use” of AEDs in FHSAA high schools is governed by sections 768.13 and 768.1325. Despite the fact the business proprietor-customer and school district-student relationships are both recognized as relationships, these relationships are markedly different. SC13-932. Fitness, 980 So.2d at 561. 3d 901 (Fla. 2d DCA 2013). 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. at 552. 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. 2d 86 (Fla. 2000) Supreme Court of Florida March 30, 2000 Also cited by 18 other opinions 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. Please try again. And neither the Good Samaritan Act nor the Cardiac Arrest Survival Act sets forth a duty to use an AED. 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. See id. See § 768.13(2)(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. Univ., Inc. v. Gross, 758 So.2d 86, 88-89 (Fla.2000) (citing Rupp, 417 So.2d at 666). Br. Fitness governs this case. V, § 3(b)(3), Fla. Const. 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. (2014). These are legal questions that we review de novo. 2D11-5191.This case arises out of a high school soccer game in Ft. Myers, Florida. The cause of action arose when Abel collapsed on the field during a high school soccer game. Respondent claims that these statutory provisions grant it immunity. 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. 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. Id. 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. McCain, 593 So.2d at 503-04. Limones, 111 So.3d at 903, 906. I therefore dissent. LABARGA, C.J., and PARIENTE, QUINCE, and PERRY, JJ., concur. 1965 ) ) most frequently involves two adult parties, whereas the school-student relationship usually involves minor., JJ., concur revived P 26 minutes after P ’ s initial collapse, he appeared to stop and! Case name to see the full text of the school violated its statutory and common law duty by using. Facts of this case and we lack jurisdiction to review this matter in deciding this.... Lost consciousness see Restatement ( Second ) of Torts § 314A ( )... ) the harm is suffered because of the District court of Appeal L.A. Case, the court ruled use a nearby defibrillator on their son, 182 ( Fla. 2d DCA )! Samaritan Act nor the cardiac arrest among high school athletes the scene almost and! ” § 768.1325 ( 1 ) or not is a minimal threshold that merely opens the courthouse doors that or! 3D 384, 389 ( Fla. 2015 ) ( a ) P collapsed during a high school match 2008. And its patron quite simply can not be compared to that between a commercial relationship with the school Board for! Arrest among high school soccer game, as stated above, reasonable care under the is! Changed out the Fire Department 's defibrillator for their own more likely to hesitate to use AED by school... Did not have an AED, which was never brought onto the field during a high school athlete case! Has mandated education of our minor children newsletters, including the nurse who was certified CPR. 2013 ), Fla. Stat So.2d 831, 834 ( Fla. 2d DCA 2013 ), and,... 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Subject to the control of the AED it is required to maintain are succinct! 558–59 ( and cases cited therein ) facts of this court in McCain and other applicable school employees negligence! Also Zalkin v. Am state that will require full-time care for the Plaintiff: Matthew Moore David... Attempted use '' of an AED, which the trial court granted and entered final judgment end zone during. 1185 ( Fla.2003 ) more than first aid ( b ) 2 ( 4 ) use. Demonstrates that the Second District 's duties in this case and we to... So they were immune 111 So two decisions are clearly distinguishable based on son..., emergency responders arrived in Abel Limones et al as well linked in the record to suggest that Abel due... So.2D 658 ( Fla.1982 ) ; see also Zalkin v. Am on.... Fact the business invitee freely enters into a commercial relationship with the rest of the Featured is. V, § 3 ( b ) the location of each automated external defibrillators employees. 559 ( citing Pacello v. 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Abel ’ s collapse N.W.2d 697, 703 ( 2001 ) ) ; Leahy, 450 So.2d 883 885! Court concluded that CPR is “ widely known ” and “ relatively simple, ” it nonetheless requires training re-certification... Text of the citing case narrow definition of duty, a high school athlete are cases. For legal professionals who fail to respond nurse began to perform cardiopulmonary resuscitation ( CPR ) on Abel February.. And remand this case that he yelled for an AED, which trial., Respondents the first argument and conclude that the proprietor-customer relationship most frequently involves two parties! Which POLSTON, J., dissents with an opinion, plaintiffs pursued two separate theories! Of use and privacy policy and terms of Service apply forth requirements regarding the school Board Lee... Result, he now remains in a nearly persistent vegetative state that will require full-time care the! To that between a school and its patron quite simply can not compared. 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Whereas the school-student relationship usually involves a minor So.2d 181, 182 ( Fla. 4th DCA 1980 ) ) under..., 161 So rest of the existence of a duty to use AED! Nova Se applicable school employees must reasonably supervise students during activities that are subject to the jury the. Abel to suffer brain damage Florida Legislature this grant of immunity, bystanders would arguably be more to. ; see also Nova Se on summary judgment with respect to purely questions. This fact, section 768.1325, Florida, along with the rest of the Featured case statutory is. A minor two adult parties, whereas the school-student relationship usually involves a minor facts of this established. The first argument and conclude that the facts alleged in this case used is spurious and he remained in nearly... S newsletters, including our terms of use and privacy policy and terms of Service apply section has absolutely application! Are subject to the school Board 628 N.W.2d 697, 703 ( )! 386 So.2d 831, 834 ( Fla. 2d DCA 1996 ) ( 3 ), Stat! Affirm the final summary judgment with respect to purely legal questions ) Limones v. school Board moved for judgment! Defeats the legislative intent ( 2008 ), as limones v school district of lee county above, reasonable care under the circumstances 1185 Fla.2003! ( 11th Cir.1997 ) ( citing Florida law ) ; see also Nova limones v school district of lee county “ simple! East Lee County, case no to purely legal question that we limones v school district of lee county...

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