Miglino v. Bally Total Fitness of Greater New York, Inc.
Supreme Court of New York, Appellate Division
937 N.Y.S.2d 63 (2011)
Gregory Miglino Sr. suffered a fatal heart attack playing racquetball at Bally Total Fitness (Bally's) (defendant), which had an automated external defibrillator (AED) and a certified trainer on site as New York law required; the trainer checked Miglino's pulse and left the scene, and although the AED was later brought to Miglino's side by another employee while a doctor and medical student attended him, nobody actually used it before Miglino died. His son sued for negligence based on the failure to use the AED, and Bally's moved to dismiss for failure to state a claim, which the trial court denied.
Whether a statute requiring emergency medical equipment and an employee certified to use it may impose an inherent duty to act, despite Good Samaritan laws shielding voluntary rescuers from negligence liability.