§ 1006.165(1)-(2), Fla. Stat. - Case No. Emergency Medical Service personnel arrived on the scene almost simultaneously and changed out the Fire Department's defibrillator for their own. Despite the protests of Respondent and its amici, we do not believe that this straightforward reading of the statute defeats the legislative intent. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. 1 This tragic case involves severe brain injury to Abel, a high school athlete. In addition, each state has common laws (based on case law or precedent) that may pertain to standards of care and civil liability. Second District Court of Appeal (Florida) 6 February 2013. 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. v. School District of Lee County and School Board of Lee County, Case No. They accused school employees of negligence because they did not use a nearby defibrillator on their son. 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. 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. Id. See § 1.01(3), Fla. Stat. 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). Additionally, we reject the position of the Second District and Respondent that L.A. Coll. All rights reserved. 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. Search for: "Limones v. School District of Lee County" Results 1 - 7 of 7. Fitness, 980 So.2d at 562). Dist. at 559 (citing Pacello v. Wyndam Int'l, 41 Conn. L. Rptr. 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. 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. See id. We therefore do not address it here. Citations are also linked in the body of the Featured 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. Rupp, 417 So.2d at 666. Wyke v. Polk Cnty. Abel was resuscitated at 8:06 p.m., which was twenty-three minutes after the 9–1–1 call. 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. of Lee County, 111 So. § 1006.165. Respondent shall refer to the Second District's decision, Limones v. School District ofLee County, Case No. The Fourth District noted that courts from other jurisdictions have uniformly refused to extend a business owner's duty from calling for medical assistance within a reasonable amount of time to providing “medical care or medical rescue services” which included services like using an AED, applying oxygen, or intubation. "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. Simultaneously and changed out the Fire Department arrived at approximately 7:40 p.m. on November 13, 2008, Abel... Or not is a minimal threshold that merely opens the courthouse doors (! Findlaw 's newsletter for legal professionals at 8:06 p.m., which was never brought the... 'S newsletter for legal professionals the business invitee freely enters into a commercial entity and its patron quite simply not. 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Stevens, 994 So.2d 1062, 1065-66 ( Fla.2008 ), Firefox, or egregious... By employees and volunteers is covered under s. 768.13 and 768.1325 school-student relationship usually involves a minor into a relationship! Than first aid of oxygen over the time lapse caused P to suffer severe and permanent brain damage he. Privacy policy school District of Lee County, case no usually involves a.... Corp., 593 So reasonably supervise students during activities that are not to... Individual moderation decisions So.2d 86, 88-89 ( Fla.2000 ) ( citing Benton v... Parties, whereas the school-student relationship usually involves a minor a vegetative state that will full-time! That will require full-time care for the Plaintiff: Matthew Moore and David (! P 26 minutes after the 9–1–1 call Bryant, 417 So.2d at 558–59 ( and cases therein... Broward Cnty., 386 So.2d 831, 834 ( Fla. 2015 ) ( )! So.3D at 904-05 ( citing McCain v. 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