Limones v. School District of Lee County
Florida Supreme Court
161 So. 3d 384 (2015)
Abel Limones collapsed and passed out during a high school soccer game, and his coach called for the on-site automated external defibrillator (AED) required by Florida law, but it was never retrieved before Emergency Medical Services eventually revived him using their own AED — by which point he had already suffered severe brain damage. Limones's parents (plaintiffs) sued the School District of Lee County (defendant) for negligence, and the trial court granted the school district summary judgment; the appellate court affirmed, reasoning the school's duty of reasonable care to supervise students and prevent aggravation of athletic injuries did not extend to actually providing, diagnosing the need for, or using the AED. Limones's parents appealed to the Florida Supreme Court.
Whether whether a duty was breached is a factual question for the jury.