Boller v. Robert W. Woodruff Arts Center, Inc.
716 S.E.2d 713
Ga. Ct. App.2011Background
- Laura Boller, widow and administrator of Thomas Boller's estate, sued the Arts Center for wrongful death arising from a July 24, 2004, incident at the Chastain Park Amphitheatre; Arts Center sponsored the ASO event and had custody of the venue that evening.
- ASO contractually arranged for a stand-by ambulance, but none was on duty at the concert; Arts Center was responsible for venue safety.
- Thomas Boller collapsed from cardiac arrest between 8:00–8:10 p.m. after dropping off his wife at the gate; a 911 call was made around 8:35 p.m. and EMS arrived at about 8:45 p.m.; he died shortly after hospital arrival.
- The trial court granted summary judgment for the Arts Center, holding no duty to provide on-site EMS or AED, no dangerous condition from the crowd, and no superior knowledge; the Good Samaritan statute applied to actions taken by staff after the emergency began.
- Boller asserted she and her husband were intended third-party beneficiaries of a Renewal Agreement between Chastain Ventures and the City of Atlanta; the court did not address this theory below and ultimately held no direct beneficiary intent evidence to support third-party beneficiary status.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Duty to provide on-site EMS or AED | Boller argues Arts Center owed EMS on-site or AED and was negligent | Arts Center had no duty to provide EMS under statutory/common law; Rasnick controls | No duty; summary judgment affirmed |
| Duty to mitigate hazard/superior knowledge | Concert crowd created a foreseeable hazard; Arts Center had superior knowledge | No specific hazardous conditions or delays shown; no on-site EMS duty | No duty; summary judgment affirmed |
| Third-party beneficiary of Renewal Agreement | Decedent was intended beneficiary of the lease management agreement | Agreement silent on benefiting patrons; no direct beneficiary intent | Not a third-party beneficiary; summary judgment affirmed |
Key Cases Cited
- Rasnick v. Krishna Hospitality, 302 Ga.App. 260, 690 S.E.2d 670 (Ga. Ct. App. 2010) (innkeeper had no legal duty to rescue guest from medical peril; no causation by defendant)
- Brown v. All-Tech Investment Group, 265 Ga. App. 889, 595 S.E.2d 517 (Ga. Ct. App. 2004) (third-party beneficiary status and contract-intended benefits analysis)
- Adler's Package Shop v. Parker, 190 Ga. App. 68, 378 S.E.2d 323 (Ga. Ct. App. 1989) (proprietor's duty to protect invitees from foreseeable third-party conduct; limited duty)
- Donnalley v. Sterling, 274 Ga. App. 683, 618 S.E.2d 639 (Ga. Ct. App. 2005) (third-party beneficiary analysis; contract language must show intent to benefit plaintiff)
- Alexander v. Harnick, 142 Ga. App. 816, 237 S.E.2d 221 (Ga. Ct. App. 1977) (no general duty to rescue absent causation; general no-rescue principle)