NO LIABILITY FOR MISSING DEFIBRILLATOR

In Colon v. Chelsea Piers Management Inc., Rose Colon filed suit to recover damages for the wrongful death of her 21-year-old relative who suffered cardiac arrest and died while playing basketball at Chelsea Piers.

When the defendants sought to have the case dismissed, Colon submitted an expert’s affidavit in opposition to the request, but the King County’s Supreme Court refused to accept the statement because Colon had “failed to identify the expert during pretrial disclosure.”

On appeal, the Appellate Division, Second Department, was of the opinion that even if the admissibility issue had been ignored, the expert’s affidavit was still deficient since it still failed to address “whether the defendants violated industry custom by failing to provide … an automatic external defibrillator.” As a result, Colon’s case could not be resuscitated.*

Will Colon seek an assist from the Court of Appeals?

To download a copy of the Appellate Division’s decision, please use this link: Colon v. Chelsea Piers Management Inc.

*A State law statute requiring an automatic defibrillator in health clubs wasn’t in effect at the time of this young man’s death.