O'Gwin v. Isle of Capri-Natchez, Inc.
139 So. 3d 783
| Miss. Ct. App. | 2014Background
- Mary Virginia O’Gwin (67) collapsed at the Isle of Capri casino; bystander alerted employees and casino staff came to her aid and called an ambulance.
- Casino employees attempted basic aid while waiting; EMTs arrived ~10 minutes after dispatch and used an AED to restart her heart, but she suffered irreversible brain damage and later died.
- Husband Howard O’Gwin sued for wrongful death, alleging IOC breached a duty to render timely CPR/AED use within a critical ~6-minute window, and that delay caused brain death.
- Howard submitted an expert (unsigned) opining that lack of CPR/AED within minutes caused the brain injury; ambulance response time made timely EMT care unlikely.
- Circuit court granted summary judgment to IOC, finding IOC had no legal duty to perform EMT-level interventions; Howard appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a proprietor who knows a patron is ill owes a duty to perform advanced medical-rescue (CPR/AED) | O’Gwin: IOC had duty to restart heart with CPR/AED within minutes to prevent brain death | IOC: Duty limited or nonexistent; not required to perform EMT-level care | Duty exists to render reasonable first aid and care until others assume care, but does not include EMT-level interventions like CPR/AED |
| Whether IOC breached any duty by not performing immediate CPR/AED | O’Gwin: Failure to perform CPR/AED within critical window was unreasonable and caused death | IOC: Employees provided reasonable first aid, called ambulance, and waited with patron; no duty to perform advanced care | No breach—actions taken satisfied duty to render reasonable first aid |
| Causation: whether casino’s conduct proximately caused death | O’Gwin: Expert links delayed CPR/AED to brain death | IOC: Heart attack caused death; no evidence IOC’s omission was proximate cause | Court did not reach fact-intensive proximate causation because lack of duty dispositive; summary judgment affirmed |
| Scope of premises-liability duty for business invitees regarding medical aid | O’Gwin: Duty encompasses life-saving medical interventions when foreseeable | IOC: Duty limited to reasonable first aid until medical professionals arrive | Duty follows Restatement §314A: reasonable first aid and care until others take over; does not extend to all foreseeable medical care |
Key Cases Cited
- Gulledge v. Shaw, 880 So.2d 288 (Miss. 2004) (elements of negligence require duty, breach, causation, injury)
- Grisham v. John Q. Long V.F.W. Post, 519 So.2d 413 (Miss. 1988) (business proprietor owed affirmative duty to aid injured patron once aware)
- Spotlite Skating Rink, Inc. v. Barnes, 988 So.2d 364 (Miss. 2008) (adopts Restatement §314A duty: reasonable first aid and care until others assume care)
- Estate of White v. Rainbow Casino-Vicksburg P’ship, 910 So.2d 713 (Miss. Ct. App. 2005) (casino fulfilled duty by giving first aid until care was surrendered or others assumed care)
- Lundy v. Adamar of New Jersey, Inc., 34 F.3d 1173 (3d Cir. 1994) (performing advanced medical procedures exceeds Restatement §314A first-aid duty)
- L.A. Fitness Int’l., LLC v. Mayer, 980 So.2d 550 (Fla. Dist. Ct. App. 2008) (duty to give first aid does not require laypersons to perform CPR)
- Salte v. YMCA of Metro. Chicago Found., 814 N.E.2d 610 (Ill. App. Ct. 2004) (duty to render aid did not require having or using an AED)