Rotolo

INTRODUCTION

In this wrongful death action, the parents of a teenager who died as a result of sudden cardiac arrest while participating in an ice hockey game sued the operators of the ice hockey facility. They alleged that defendants had a duty to notify users of the facility of the existence and location of an automatic external defibrillator (AED) at the facility. They claimed that the timely use of such a device would have greatly increased the teenager’s chances of survival.

The trial court sustained defendants’ demurrer to plaintiffs’ third amended complaint. The trial court noted that the Legislature had set forth a detailed statutory scheme concerning the acquisition and use of AED’s, which “did not include any requirement to notify business invitees of the existence or location of AED’s on a premises.” The court further found no common law duty under the facts of this case, beyond a duty to timely summon emergency services, which defendants fulfilled. The court found that plaintiffs could not state a cause of action under the facts as pleaded, and denied leave to amend. Judgment was entered in favor of defendants, and plaintiffs appeal.

On appeal, appellants…

I respectfully dissent.

This is not a case about the immunity statutes related to the acquisition and use of an automatic external defibrillator (AED). This is not a case about assumption of risk inherent in sports activities. This is not a case ábout a third party criminal attack or an ill restaurant customer.

This case involves a business entity that invites patrons to use its facilities for an activity known to have a high risk of injury—ice hockey—yet fails to have an emergency response plan in place in the event of injury and fails to inform those engaged in or supervising such high-risk activity of an emergency plan or the availability of emergency equipment in the event of injury.

“A possessor of land who holds it open to the public” is under a duty to “members of the public who enter in response to [the possessor’s] invitation” to “protect them against unreasonable risk of physical harm, and . . . to give them first aid after it knows or has reason to know that they are ill or injured, and to care for them until they can be cared for by others.” (Rest.2d Torts, § 314A.)

Our Supreme Court has recognized the “special relationship” that exists between business proprietors…

BAMATTRE-MANOUKIAN, Acting P.J.

In this wrongful death action, the parents of a teenager who died as a result of `sudden cardiac arrest while participating in an ice hockey game sued the operators of the ice hockey facility. They alleged that defendants had a duty to notify users of the facility of the existence and location of an automatic external defibrillator (AED) at the facility. They claimed that the timely use of such a device would have greatly increased the teenager's chances of survival.

The trial court sustained defendants' demurrer to plaintiffs' third amended complaint. The trial court noted that the Legislature had set forth a detailed statutory scheme concerning the acquisition and use of AEDs, which "did not include any requirement to notify business invitees of the existence or location of AEDs on a premises." The court further found no common law duty under the facts of this case, beyond a duty to timely summon emergency services, which defendants fulfilled. The court found that plaintiffs could not state a cause of action under the facts as pleaded, and denied leave to amend. Judgment was entered in favor of defendants, and plaintiffs appeal.

On appeal,…