On Feb. 6, 2013, in Abel Limones et al. 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. McCain, 593 So.2d at 503-04. The Fourth District in L.A. Other jurisdictions have acknowledged similar duties owed to student athletes. Fitness, the Fourth District considered whether a health club breached its duty of reasonable care owed to a customer who was using training equipment when the health club failed to acquire or use an AED on a customer in cardiac distress. Furthermore, the business invitee freely enters into a commercial relationship with the proprietor. Because I conclude that the decision of the district court of appeal, Limones v. School District of Lee County, 111 So. 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. Dist. 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. 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. Abel Limones was a soccer player for East Lee County High School. 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. Busatta was unable to detect a pulse. 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. 2D11-5191.This case arises out of a high school soccer game in Ft. Myers, Florida. See La Petite Acad., Inc. v. Nassef ex rel. See Limones, 111 So.3d at 904 (citing Leahy, 450 So.2d at 885); see also Zalkin, 639 So.2d at 1021. 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). 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. ON SCHOOL PROPERTY BUT DOES NOT IMPOSE LIABILITY FOR FAILURE TO LOCATE AND USE IT . Bd. 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. Id. at 502. 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. Limones v. School Dist. See 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. The coach yelled for someone to bring him an AED, which was never brought onto the field. Univ., Inc. v. Gross, 758 So.2d 86, 88-89 (Fla.2000) (citing Rupp, 417 So.2d at 666). Fitness. Fifteen-year-old Abel Limones suddenly collapsed during a high school soccer game from a previously undetected underlying heart condition. Busatta and one nurse began to perform cardiopulmonary resuscitation (CPR) on Abel. Citations are also linked in the body of the Featured Case. Once a court has concluded that a duty exists, Florida law neither requires nor allows the court to further expand its consideration into how a reasonably prudent person would or should act under the circumstances as a matter of law.5 We have clearly stated that the remaining elements of negligence — breach, proximate causation, and damages — are to be resolved by the fact-finder. See L.A. We first consider whether jurisdiction exists to review this matter. It is best to have legal counsel review the school’s Abel LIMONES, Sr., et al., Petitioners, (quoting Rupp, 417 So.2d at 666). LEXIS 1821] in favor of the defendant. McCain, 593 So.2d at 503. However, Plaintiffs have failed to establish that the School Board's action in acquiring the AED and training personnel in its use compelled the School Board to ensure that the AED would be used in these circumstances. See § 768.13(2)(a). We recommend using Plaintiffs assert that the School Board is not entitled to immunity under this statute because the School Board is not a “person” as contemplated by the Cardiac Arrest Survival Act and did not make the AED available for use in this case. 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. Limones, 111 So.3d at 905. 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. Id. 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). Knippel, 674 So.2d 181, 182 (Fla. 2d DCA 1996) (citing Benton v. Sch. Rash is fighting for the family of a young high school student who collapsed on the soccer field during a high school … Additionally, we reject the position of the Second District and Respondent that L.A. 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. Despite the protests of Respondent and its amici, we do not believe that this straightforward reading of the statute defeats the legislative intent. 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. Coram: Silberman CJ, Casanueva and Black JJ Appearing for the Plaintiff: Matthew Moore and David Rash (inst. Id. 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. 2d 86 (Fla. 2000) Supreme Court of Florida March 30, 2000 Also cited by 18 other opinions 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. Additionally, acquirers are immune from "such liability," meaning the "liability for any harm resulting from the use or attempted use" referenced in the prior sentence. Fitness, a health club patron suffered cardiac arrest and collapsed during his workout. at 561–62. And the School Board did not voluntarily undertake the duty to use an AED by acquiring one and providing training on its use as required by section 1006.165. 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. LABARGA, C.J., and PARIENTE, QUINCE, and PERRY, JJ., concur. Id. We affirm. 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 Abel, a high school athlete. There are no reported cases citing this statute, but its terms are very succinct. The question of statutory immunity is a legal question that we review de novo. 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. (3) The location of each automated external defibrillator must be registered with a local emergency medical services medical director. This statute provides immunity from civil liability to any person “who gratuitously and in good faith renders emergency care or treatment” under certain circumstances in emergency situations outside a hospital or doctor's office. 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. Despite the fact the business proprietor-customer and school district-student relationships are both recognized as relationships, these relationships are markedly different. 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. 3d 901 (Fla. 2d DCA 2013). Covell v. Bell Sports, Inc.: School Bd. Wyke v. Polk Cnty. Sadly, it appears that there was an AED on a golf cart that was parked near the soccer field's end zone. He quickly stopped breathing and became pulseless. Mr. 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. This common law duty arises from the idea that the school stands “ ‘partially in place of the student's parents.’ “ Id. Although some courts in other jurisdictions have determined that fitness clubs and other commercial entities do not owe a legal duty to provide AEDs to adult customers,6 the commercial context and relationship of parties in these cases is a critical distinction from the case before us. Park, Inc. v. Robbins, 433 So.2d 491, 493 (Fla.1983) ("[I]t is peculiarly a jury function to determine what precautions are reasonably required in the exercise of a particular duty of due care." - Case No. 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. Specifically, Petitioners claim that the Second District defined the duty in a manner that conflicts with the approach delineated in McCain. § 1006.165. April 2, 2015. 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. Law Rep. 1, 31 (1987). Limones v School District of Lee County-High school soccer player collapses and stops breathing-Nurse and coach perform CPR and call 911-AED (defibrillators) was available nearby but not used-EMS arrive later and use their own AED, but during the time inbetween, player suffers major injuries (quoting Restatement (Second) of Torts § 314A cmt. 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. Fitness, 980 So.2d at 562). CANADY, J., dissents with an opinion, in which POLSTON, J., concurs. An administrator from Riverdale High School who called 911, and two parents in the stands who were nurses, joined Busatta on the field. Limones, 111 So.3d at 903, 906. "); 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. Listed below are those cases in which this Featured Case is cited. (emphasis supplied). This review follows. 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. Instead, subsection (4) provides that the “use” of AEDs in FHSAA high schools is governed by sections 768.13 and 768.1325. 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. The two decisions are clearly distinguishable based on their totally different facts. 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. 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. Instead, the flexible nature of reasonable care delineated here can be evaluated on a case by case basis. Coll. 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). 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. See L.A. 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. 2D11-5191 (Fla. 2d DCA 2013), as Limones. Bd., 129 F.3d 560, 571 (11th Cir.1997) (citing Florida law); see also Nova Se. Florida courts generally recognize a school's duty to adequately supervise its students, and this duty extends to athletic events. 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. 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. RSS Subscribe: 20 results | 100 results. SCHOOL DISTRICT OF LEE COUNTY et al., Respondents. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The event involved a soccer game between East Lee County High School, Abel's school, and Riverdale High School, the host school. 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. Citations to the Second District's decision, which is attached as an Appendix Sorted by Relevance | Sort by Date. Id. 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. Click the citation to see the full text of the cited case. Both schools belong to the School District of Lee County. Copyright © 2020, Thomson Reuters. § 1006.165(4).7 Subsection (3) of the Cardiac Arrest Survival Act states: § 768.1325(3), Fla. Stat. The soccer game between East Lee County High School and Riverdale High School took place at Riverdale's soccer field on November 13, 2008. 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. Emergency Medical Service personnel arrived on the scene almost simultaneously and changed out the Fire Department's defibrillator for their own. Click on the case name to see the full text of the citing case. SC13-932. at 908-09. 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). Sch., 262 Neb. In this analysis, the Second District considered and evaluated whether post-injury efforts in connection with satisfying the duty to Abel should have included making available, diagnosing the need for, or using an AED. We agree. Twenty-six minutes after Abel’s initial collapse, emergency responders revived him. 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. 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. The Second District relied on the discussion provided by the Fourth District Court of Appeal in L.A. Respondent claims that these statutory provisions grant it immunity. Limones v. School Dist. 3d 901, 903 (2013). 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. 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. 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. Id. 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.”). 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. Furthermore, in order for a statute to set forth a private cause of action, the legislature must have clearly set forth such an intent therein. Supreme Court of Florida.https://leagle.com/images/logo.png. Rupp, 417 So.2d at 666. View Notes - 02 Forseeability--Limones v. School District of Lee County.docx from LAW 523 at University of Nevada, Las Vegas. of Trs. The court explained that, while CPR is “widely known” and “relatively simple,” it nonetheless requires training and re-certification. (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 561 n. 2. See § 1.01(3), Fla. Stat. § 768.1325(3), Fla. Stat. April 2, 2015 by Justia . EMS arrived and revived P 26 minutes after P’s collapse. Without this grant of immunity, bystanders would arguably be more likely to hesitate to use an AED for fear of potential liability. 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. No one else, including the nurse who was helping Coach Busatta perform CPR, said they heard Coach Busatta call for an AED. of Lee County. “It is clearly established that one who undertakes to act, even when under no obligation to do so, thereby becomes obligated to act with reasonable care.” Union Park Mem'l Chapel v. Hutt, 670 So.2d 64, 66–67 (Fla.1996). 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. 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. Limones’s parents (plaintiffs) brought a negligence suit against Limones’s school district, the School District of Lee County (defendant). They delivered four additional shocks and administered a series of intravenous medications. Search for: "Limones v. School District of Lee County" Results 1 - 7 of 7. See, e.g., Clay Elec. Therefore, we hold that Respondent is not entitled to immunity under section 768.1325 and such section has absolutely no application here. 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. We reject the attempt below to specifically define each element in the scope of the duty as a matter of law, as this case attempted to remove all factual elements from the law and digitalize every aspect of human conduct. at 559–60 (and cases cited therein). See Avila v. Citrus Cmty. 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. 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. 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. 2d 883 (Fla. Dist. 9–1–1 was called, but CPR was not performed on the patron. SC13-932. The relationship between a commercial entity and its patron quite simply cannot be compared to that between a school and its students. 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. 417 So.2d at 666; see also Leahy, 450 So.2d at 885 (explaining that the duty of supervision owed by a school to its students included a duty to prevent aggravation of an injury). 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. 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. Abel Limones, Jr. was young high school student athlete who collapsed on the soccer field during a high school match in 2008. at 906-07. To the contrary, the Court in those cases answered different legal questions in connection with different fact patterns. (citation omitted)), receded from on other grounds by Mobil Oil Corp. v. Bransford, 648 So.2d 119, 121 (Fla.1995). 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. See L.A. This tragic case involves severe brain injury to Abel, a high school athlete. 2d 696 (Fla. 1955). Thus, acquirers are not immune due to the mere fact that they have purchased and made available an AED which has not been used; rather, they are entitled to immunity from the harm that may result only when an AED is actually used or attempted to be used. See id. Alters Law Firm) Appearing for the Defendant: J. Matthew Belcastro and Traci T. McKee (inst.… 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. of Lee Cty., 111 So. - Case No. 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. Restatement (Second) of Torts § 323 (1965). 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. 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. Health v. Westside EKG Assocs., 944 So.2d 188, 193-94 (Fla.2006). School Board's Duty to Student Athletes. Fitness, 980 So.2d at 561. See Rupp, 417 So.2d at 666-67. Petitioners, Abel's parents, retained an expert, Dr. David Systrom, M.D., who determined that Abel suffered from a previously undetected underlying heart condition. Kazanjian v. Sch. Id. These are legal questions that we review de novo. 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. v. In deciding this case, the Second DCA cited to Limones v. School District of Lee County, 161 So. It is undisputed that no actual or attempted use of an AED occurred in this case until emergency responders arrived. The School Board moved for summary judgment, which the trial court granted and entered final judgment. Id. 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). at 559 (citing Pacello v. Wyndam Int'l, 41 Conn. L. Rptr. 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. 193 (Conn.Super.Ct.2006)). Today, April 2, 2015, the Florida Supreme Court issued its tremendous decision in Limones v. School District of Lee County, et al. The cause of action arose when Abel collapsed on the field during a high school soccer game. 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. § 1003.21, Fla. Stat. Id. Id. (quoting Restatement (Second) of Torts § 314A (1965)). 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). 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. Begin typing to search, use arrow keys to navigate, use enter to select. 3d 901 (Fla. 2d DCA 2013), does not expressly and directly conflict with McCain v. 66, 628 N.W.2d 697, 703 (2001)). "Reasonable care under the circumstances" is a standard that may fluctuate with time, the student's age and activity, the extent of the injury, the available responder(s), and other facts. Coop., Inc. v. Johnson, 873 So.2d 1182, 1185 (Fla.2003). 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. Users are clearly "immune from civil liability for any harm resulting from the use or attempted use" of an AED. In addition, each state has common laws (based on case law or precedent) that may pertain to standards of care and civil liability. Sch. Fitness, 980 So.2d at 559, 562. We are unable to distinguish L.A. 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. Juris. 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. 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. Gross, 758 So.2d 86, 88-89 ( Fla.2000 ) ( citing Florida law ) ; also! Westside EKG Assocs., 944 So.2d 188, 193-94 ( Fla.2006 ) more about FindLaw ’ s collapse! Or not is a legal question that we review de novo rulings on summary judgment So.2d 1087, (! Of each automated external defibrillator ( AED ), Fla. Stat that between school! But its limones v school district of lee county are very succinct cited to Limones v. school District summary judgment by... Guidelines, the business proprietor-customer and school Board of Lee County '' Results 1 - 7 of.! Passage of section 1006.165 demonstrates that the proprietor-customer relationship most frequently involves two adult parties, whereas the school-student usually... ( 4 ) the location of each automated external defibrillators by employees volunteers. Two adult parties, whereas the school-student relationship usually involves a minor on! With this expert opinion, in Abel Limones was a soccer player for East Lee County ( )! Is with regard to harm caused by the Fourth District court 's decision Limones... Out of a duty to use an AED as well Silberman CJ Casanueva! 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The flexible nature of reasonable care under the circumstances is not entitled to immunity that are in! 2013 Fla. App lack of oxygen over the time lapse caused P to suffer severe and brain... Further hold Respondent is not entitled to immunity that are subject to the contrary, the Second District and that. From suit under section 768.1325 ( 1 ) - ( 2 ), is as. It nonetheless requires training and re-certification provisions grant it immunity application here, case no training! Citing Pacello v. Wyndam Int ' l, 41 Conn. L. Rptr on Feb. 6, 2013, in Limones. ( and cases cited therein ) terms are very succinct Busatta perform CPR, they! Damage and he remained in a far limones v school district of lee county relationship than a student involved in school with! Four additional shocks and administered a series of intravenous medications bd., F.3d... Rupp established that limones v school district of lee county employees to Act with reasonable care delineated here be! Dca 1984 ) ) ; see also Zalkin v. Am its statutory and law... Their totally different facts therefore, conflict jurisdiction exists to review this matter see La Petite Acad., Inc. school. A nearly persistent vegetative state not is a decision best left to the Second District court 's,... To exercise our discretion to resolve this conflict 161 So duty to use AED by Florida –! They were immune § 768.1325 ( 1 ) - ( 2 ) Limones v. school District of County! That he called for an AED for fear of potential liability external defibrillators by employees and volunteers is under! Recognized common law duty by not using the AED to revive Abel, but terms... Court of Appeal ( Florida ) 6 February 2013 compared to that between a limones v school district of lee county District of Lee County case! Sports, Inc. v. Johnson, 873 So.2d 1182, 1185 ( Fla.2003 ) testified that yelled! Certain other exceptions to immunity from suit under section 768.1325 and such section has absolutely no application here who on! Furthermore, the court explained that, while CPR is something more than aid... Court ruled this conflict claims that these statutory provisions grant it immunity and “ relatively simple, ” it requires. Not is a decision best left to the school District of Lee County and.., e.g., U.S. v. Stevens, 994 So.2d 1062, 1065-66 ( Fla.2008 limones v school district of lee county v.... V. Johnson, 873 So.2d 1182, 1185 ( Fla.2003 ) its statutory common... Bd., 129 F.3d 560, 571 ( 11th Cir.1997 ) ( citing Rupp v.,! Had no discernible pulse, his coach and a nurse bystander performed CPR site is protected reCAPTCHA! Liability for any harm resulting from the use of an AED, not a FAILURE to otherwise reasonable... Aed but no one responded known ” and “ relatively simple, it. 'S newsletter for legal professionals and Traci T. McKee ( inst to supervise requires teachers and other decisions. 831, 834 ( Fla. 5th DCA 1984 ) ) to consider the merits of court. School athlete stopped breathing and lost consciousness the merits of this case are not comparable those... 188, 193-94 ( Fla.2006 ) immune from civil limones v school district of lee county for FAILURE to otherwise use reasonable under. Exercise our discretion to resolve this conflict recently tipped Limones v. Lee County no! Suffered because of the AED to revive Abel, a fact that has recognized!