February 2011 - Parks & Recreation - 35

LAW RE VIE W

By James C. Kozlowski, J.D., Ph.D.

Cardiac 911 Call
No CPR, no Liability

n the case of L.A. Fitness International, LLC. v. Mayer, 980 So.2d 550 (Fla.

App. 4/23/2008), the daughter and representative for the estate of Alessio Tringali,
Juliana Mayer, brought a wrongful death action after her father suffered cardiac arrest and
died while using a stepping machine at L.A. Fitness in Oakland Park, Florida. In her complaint, Mayer claimed defendant " L.A. Fitness breached its duty to use reasonable care for
the safety of the deceased, including the duty to render aid during a medical emergency. "
In so doing, Mayer alleged L.A. Fitness had negligently " failed to administer cardiopulmonary resuscitation (CPR) to him " and " failed to have an automatic external defibrillator (AED)
on its premises and to use it on the deceased. "
The jury returned a verdict finding Tringali's
death was caused by the negligence of L.A. Fitness
(85 percent) as well as the deceased (15 percent).
The jury assessed total damages at $729,000 and
the trial court entered a final judgment against L.A.
Fitness based on the jury's allocation of fault at 85
percent, i.e., $619,650. L.A. Fitness appealed the
judgment. On appeal, L.A. Fitness contended that
it had " satisfied its duty to render assistance to the
deceased as a matter of law when it promptly summoned professional medical assistance for him. "

Facts of the Case
Robert Strayer, an L.A. Fitness sales representative, testified that he was sitting at his desk at the
Oakland Park L.A. Fitness around 9 p.m. on April 3,
2003, when he heard someone call for help. Strayer
got up from his desk, told the receptionist to call 911,
and ran to the back of the gym. Strayer observed
Alessio Tringali lying on his back surrounded by
L.A. Fitness patrons.
According to Strayer, Tringali was bleeding
from a cut on his head and shaking from small convulsions; his face was red, and yellow foam was
coming from his mouth. Strayer, who was certified in CPR, believed Tringali was having a seizure or a stroke.
Strayer knelt down beside Tringali to assess his
condition. Strayer first touched Tringali to determine if he was responsive. He then checked his left
wrist and felt a faint pulse, which to him indicated

a heartbeat. He also noted the red color of Tringali's face and concluded that Tringali had an oxygen
supply. He did not, however, put his face next to
Tringali to feel if he was breathing.
Because Strayer believed Tringali had fallen
off a nearby stepping machine and may have sustained a concussion to his head or hurt his neck
or back, he did not perform a " chin tilt " to open
his airway, which is one of the first steps in CPR.
Based on his observations and belief that Tringali
was having a seizure or stroke, Strayer decided not
to attempt CPR and possibly make matters worse.
He testified that Tringali had just begun to turn blue
when the paramedics arrived. He estimated that
paramedics arrived within three to four minutes of
the first cry for help.
Peter Bailey, the general manager of L.A. Fitness,
was also at the facility that evening. He testified that
he was sitting in the same area as Strayer and, when
he heard a call for help, pointed to the front desk
and instructed the receptionist to call 911. He told
Strayer to stay with Tringali while he ran to the front
of the facility to make sure the 911 call was placed.
Bailey talked to the 911 operator, who asked him
whether Tringali was breathing. He responded that
he did not know and ran back to the scene to ask
Strayer. Strayer told him that Tringali was, indeed,
breathing. Bailey relayed this information to the 911
operator. Bailey estimated that four to six minutes
elapsed between the time he heard the call for help
and the paramedics arrived.

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FEBRUARY 2011

Parks & Recreation 33

February 2011 - Parks & Recreation

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