Miglino v. Bally Total Fitness Of Greater New York Inc

937 N.Y.S.2d 63 (2011)

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Nature of the Case

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Facts

P was playing racquetball at a club owned and operated by D when he suddenly collapsed. A gym member informed the front desk' that P had collapsed and a 911 emergency call was then immediately placed. LaGrega was a personal trainer at D who had completed a course in the operation of automated external defibrillator (AED) devices and had obtained a certification of completion of a course in the training of cardiopulmonary resuscitation provided by the American Heart Association. LaGrega observed P lying on his back with his eyes open, breathing heavily and with normal color. LaGrega found a faint pulse. LaGrega left the scene but returned. Another employee was on the scene and had brought the club's AED. A medical doctor and medical student were attending to P. No one used the AED. The emergency call was received at 6:59 a.m., the emergency medical services crew arrived at the gym at 7:07 a.m., and the ambulance arrived at Stony Brook Hospital at 7:45 a.m. P was 'unconscious and unresponsive on arrival. P could not be revived and he was pronounced dead after arriving at the hospital. P’s son sued D for negligence based on the failure to use the AED. D moved to dismiss but the court refused. D appealed. D argues that D's employees had no affirmative duty to use the available AED upon the decedent after he collapsed. P argues that D was required, by statute, to have an AED on its premises, and a person trained to use such device, and that D could not rely upon the Good Samaritan statutes to insulate itself from liability.