161 So. 3d 384
Fla.2015Background
- Fifteen-year-old Abel Limones Jr. collapsed during a school-sponsored soccer game; AED not brought to field.
- Respondent School District supervised the student athletes; EMS later treated Abel with AEDs and drugs, but brain injury occurred due to delay.
- Limones parents hired expert Dr. Systrom who claimed earlier AED shocks would have reduced brain injury.
- Plaintiffs sued for breach of common law duty and statutory duty under §1006.165 Florida Statutes (2008).
- Second District held no duty to provide, diagnose, or use an AED; later affirmed immunity under §768.1325(3).
- Florida Supreme Court granted review to resolve conflict with McCain v. Florida Power Corp. and related decisions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Existence and scope of a common law duty to AED use | Limones asserted a duty to provide/diagnose/use AED. | School Board argued no such duty beyond general supervision. | Duty exists to supervise and aid; not limited to AED; factual breach for jury. |
| Whether L.A. Fitness governs this case | Limones relies on L.A. Fitness to limit duty. | Respondent argues L.A. Fitness controls. | Reject L.A. Fitness; school-student context differs; duty broader. |
| Whether the duty extends to post-injury AED actions | Post-injury AED actions were part of duty to avoid aggravation. | Duty should not be expanded to require AED actions as law. | Duty includes reasonable post-injury care to avoid aggravation; jury to decide breach. |
| Immunity under §1006.165 and §768.1325 | District may be immune under Cardiac Arrest Survival Act provisions. | Immunity should shield those who actually use or make AED available. | No immunity where no actual or attempted AED use occurred; immunity not applicable. |
| Jurisdiction for conflict review | Second District's duty analysis conflicts with McCain. | No express/conflict under Florida Constitution article V, §3(b)(3). | Conflict jurisdiction exists; review of merits proper. |
Key Cases Cited
- McCain v. Florida Power Corp., 593 So.2d 500 (Fla. 1992) (duty defined by four elements; legal question of existence)
- Rupp v. Bryant, 417 So.2d 658 (Fla. 1982) (special relationship creates duty of supervision)
- Leahy v. Sch. Bd. of Hernando Cnty., 450 So.2d 883 (Fla. 1984) (duty to prevent aggravation of injury by school)
- Nova Southeastern Univ. v. Gross, 758 So.2d 86 (Fla. 2000) (in loco parentis; duty to supervise off-campus/related contexts)
- L.A. Fitness Int'l, LLC v. Mayer, 980 So.2d 550 (Fla. 4th DCA 2008) (duty of care for AED in commercial context not controlling here)