Court of Appeals — Good Samaritan Law: Miglino v. Bally Total Fitness of Greater New York Inc., et al.

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New York State Court of Appeals

Good Samaritan Law

AED — Ordinary Negligence

Miglino v. Bally Total Fitness of Greater New York Inc., et al.
No. 10
Judge Read

Background: The plaintiff brought a wrongful death suit against the defendants alleging that the defendant fitness club did not have a staff member on hand who knew how to operate an automatic external defibrillator or perform CPR after the plaintiff’s decedent suffered a heart attack. Specifically, a trainer, with the appropriate training, believed that the use of the AED was inappropriate at that time. The defendants argued that they were immune from liability under the Good Samaritan Law and that one defendant, Bally Total, did not own or operate the health club. The court denied the defendants’ motion to dismiss and the Appellate Division affirmed, finding that one of the employees had assumed a duty to the decedent by coming to his assistance.
Ruling: The Court of Appeals held that the Good Samaritan law did not create an affirmative duty for health clubs to use the AEDs which they are required to have available for a trained employee or authorized volunteer to employ in the event of an emergency. The court found that the legislative intent was to protect health clubs and their employees from the risk of liability for ordinary negligence with respect to AEDs. The court, however, affirmed the denial of summary judgment as the record was not developed enough to resolve the issues as a matter of law.
Brian P. Heermance for the appellant; John V. Decolator for the respondent