Miglino v. Bally Total Fitness of Greater N.Y., Inc.

In 2007, Plaintiff's father (Decedent) collapsed and at a health club owned and operated by Bally Total Fitness of Greater New York, Inc. (Bally). Ambulance personnel administered shocks to Decedent with an automatic external defibrillator (AED), but he never revived. Plaintiff, as executor of Decedent's estate, brought a wrongful death suit against Bally, alleging that Bally employees negligently failed to use an available AED, or failed to use it within sufficient time, to save Decedent's life. Bally primarily argued that it was immune from liability under the State's Good Samaritan Law. Supreme Court denied Bally's motion to dismiss. The Appellate Division affirmed, concluding (1) N.Y. Gen. Bus. Law 627-a imposes an affirmative duty of care upon health clubs so as to give rise to a cognizable cause of action in negligence for failure to operate an available AED; and (2) the complaint stated a cause of action based upon common law negligence. The Court of Appeals affirmed, holding (1) section 627-a does not create an affirmative duty for health clubs to use the AEDs they are required to have available; but (2) Plaintiff pleaded a viable cause of action at common law. View "Miglino v. Bally Total Fitness of Greater N.Y., Inc." on Justia Law