Duval County Court Grants Summary Judgment for Gym Operator in Negligent CPR Claim

CSK Defense
West Palm Beach Partner Olga Butkevich

Case Summary
This matter arose from a medical emergency at a basketball facility in Duval County, FL. The Plaintiff suffered a cardiac arrest while playing basketball at the gym. Individuals at the facility, including the gym owners and others present, immediately responded by calling 911 and rendering aid until paramedics arrived.

While awaiting emergency personnel, several individuals administered CPR and assisted the Plaintiff. Although the Plaintiff survived the incident, he later filed suit alleging that the Defendants were negligent in their response. Specifically, the Plaintiff claimed that CPR was improperly performed and that he was moved during resuscitative efforts in a manner inconsistent with accepted guidelines.

Through motion practice, the claims were narrowed to a single issue: whether the Defendant gym operator acted negligently in administering CPR during the medical emergency.

Defense Strategy
Ms. Butkevich focused on demonstrating that the Defendant acted reasonably under the circumstances of a sudden and evolving medical emergency. The evidence established that multiple individuals rendered aid until paramedics arrived and that those assisting were CPR-certified or otherwise trained.

Ms. Butkevich also emphasized that certain actions criticized by the Plaintiff, including repositioning him during the emergency, were taken in response to instructions from emergency personnel.

A key component of the defense strategy was highlighting the absence of competent evidence supporting the Plaintiff’s claim. The Plaintiff failed to present expert testimony or other evidence establishing that the emergency response deviated from the applicable standard of care or caused additional injury.

Outcome
The court granted summary judgment in favor of the Defendant gym operator and entered final judgment on the remaining negligence claim. The court found that the Plaintiff failed to present sufficient evidence that the Defendant breached a duty of care or that any actions taken during the emergency increased the Plaintiff’s risk of harm. The court further concluded that the record reflected a prompt and continuous effort to assist the Plaintiff until paramedics arrived and that the claims were based on speculation rather than competent proof.

As a result, the case was resolved without proceeding to trial, underscoring that negligence claims arising from emergency aid require clear evidence of both a breach of the standard of care and causation to survive summary judgment.