Among the many decisions issued by the New York Court of Appeals during its 2012-2013 term, three decisions clarified the hazy boundaries of tort duties. In one case, the court dealt with whether a health club satisfies its statutory duty under the General Business Law (GBL) simply by keeping an automated external defibrillator (AED) on premises, even if a staff member does not use it to assist a club member who is in distress. In two other cases, the Court of Appeals considered the scope of tort liability related to the exercise of governmental duties. In each of these three decisions, the Court of Appeals curtailed defendants' liability for commission of alleged tortious acts.
In Miglino v. Bally Total Fitness of Greater New York,1 a health club member collapsed while playing racquetball. A 911 call was placed immediately and a personal trainer employed by the club rushed to the scene. Another employee of the club brought an AED to the member's side. Although the defibrillator was ready and available and the trainer was certified to operate it, the trainer decided not to use the AED because he concluded that it was inappropriate to do so. The emergency personnel who arrived later used the AED but it was too late. The member was pronounced dead at the hospital.
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