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. Bd. 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. Coll. The trial court granted the school district summary judgment. 2d 86 (Fla. 2000) Supreme Court of Florida March 30, 2000 Also cited by 18 other opinions 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. An administrator from Riverdale High School who called 911, and two parents in the stands who were nurses, joined Busatta on the field. These are legal questions that we review de novo. Some laws may penalize those who fail to respond. The family alleged that the school violated its statutory and common law duty by not using the AED to treat the student. Microsoft Edge. 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. 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. April 2, 2015. 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. See, e.g., Nova Se. Id. Dr. Systrom further opined that if shocks from an AED had been administered earlier, oxygen would have been restored to Abel's brain sooner and he would not have suffered the brain injury that left him in the current permanent vegetative state. 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. Citations are also linked in the body of the Featured Case. 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. We reject the first argument and conclude that the School Board qualifies as a “person” under this statute. § 1003.21, Fla. Stat. Univ., Inc. v. Gross, 758 So.2d 86, 88-89 (Fla.2000) (citing Rupp, 417 So.2d at 666). Sch., 262 Neb. This common law duty arises from the idea that the school stands “ ‘partially in place of the student's parents.’ “ Id. Duty Under Sections 768.13 and 768.1325. 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. Fifteen-year-old Abel Limones suddenly collapsed during a high school soccer game from a previously undetected underlying heart condition. 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. LABARGA, C.J., and PARIENTE, QUINCE, and PERRY, JJ., concur. 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. Knippel, 674 So.2d 181, 182 (Fla. 2d DCA 1996) (citing Benton v. Sch. 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. 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. Wyke v. Polk Cnty. 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. 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 Dist. 9–1–1 was called, but CPR was not performed on the patron. See Univ. 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. Section 768.1325, Florida Statutes (2008), is known as the “Cardiac Arrest Survival Act.” § 768.1325(1). Henderson, Franklin, Starnes & Holt) Limones’ parents petitioned this Court for review alleging that the Second District’s decision conflicted with this Court’s decisions in 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 The question of statutory immunity is a legal question that we review de novo. … Juris. The cause of action arose when Abel collapsed on the field during a high school soccer game. We decline to decide today whether subsections (1) through (3) create a private cause of action for negligence because there is no question that the School Board complied with these requirements. 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. Id. See, e.g., Found. Abel LIMONES, Sr., et al., Petitioners, See Limones, 111 So.3d at 904 (citing Leahy, 450 So.2d at 885); see also Zalkin, 639 So.2d at 1021. The Fourth District in L.A. 3d 901 (Fla. 2d DCA 2013). Click the citation to see the full text of the cited case. Court’s state-law holdings in Limones v. School District of Lee County, 161 So. Bd., 129 F.3d 560, 571 (11th Cir.1997) (citing Florida law); see also Nova Se. Dist. Stay up-to-date with FindLaw's newsletter for legal professionals. Whether officials with the school met that duty or not is a decision best left to the jury, the court ruled. 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. 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). 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. See McCain, 593 So.2d at 502-04. We further hold Respondent is not entitled to immunity from suit under section 768.1325, Florida Statutes. 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. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. Limones, 111 So.3d at 903, 906. at 503 n. 2. Limones, 111 So.3d at 906. Covell v. Bell Sports, Inc.: 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. 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. 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. 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. Fitness governs this case. McCain, 593 So.2d at 503-04. 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. See Restatement (Second) of Torts § 314 cmt. Instead, subsection (4) provides that the “use” of AEDs in FHSAA high schools is governed by sections 768.13 and 768.1325. Additionally, we reject the position of the Second District and Respondent that L.A. 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. 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 to Plaintiffs' second argument, the School Board made the AED 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 Abel, a high school athlete. 3d 384, 389 (Fla. 2015)(citing McCain v. Fla. Power Corp., 593 So. The soccer game between East Lee County High School and Riverdale High School took place at Riverdale's soccer field on November 13, 2008. , 881 So.2d 1087, 1103 ( Fla.2004 ) passage of section demonstrates! Is something more than first aid more than first aid Respondent claims these... Questions that we review de novo 559 ( citing McCain v. Fla. Power Corp., So. Training and re-certification and Respondent that L.A P 26 minutes after the 9–1–1 call name to see full..., concurs v. Bell Sports, Inc. v. Johnson, 873 So.2d,. 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