While jogging on a treadmill at a gym owned and operated by Gran, Inc., Albert Digiulio suffered a heart attack.
Although the assistant manager had been trained to operate the gym's automated external defibrillator (AED), he failed to use the device because he couldn't find the keys to the unit's box--which happened to be unlocked the entire time.
Although paramedics were able to revive Digiulio, the guy suffered brain damage and died a few months later. Prior to his death, Digiulio and his wife sued Gran for negligence and loss of companionship.
When the New York County Supreme Court granted the company's dismissal request, an appeal followed.
Because Digiulio assumed the risk of heart attack that intense exercise can cause, the Appellate Division, First Department, didn't think a negligence case could be maintained. It also thought that the gym wasn't responsible for its employees' conduct because they acted as "Good Samaritans"--which relieved them of any liability. (The failure to check whether or not the cabinet was locked, wasn't "gross negligence" as far as the AD1 was concerned.)
The AD1 also rejected the argument that state law required the gym to keep an AED-trained employee on site at all times, since the statute didn't require that individual to actually use the machine on a stricken patron.
Clear!
To view a copy of the Appellate Division's decision, please use this link: Digiulio v. Gran, Inc.