Tuesday, October 25, 2011

Lundy v. Adamar of New Jersey, Inc. case brief

Lundy v. Adamar of New Jersey, Inc.

Subject: Application of doctrines originally developed for common carriers and innkeepers to an invitees claim that a casino was obligated to provide emergency medical treatment | General No-Duty-to-Rescue Rule and it’s exceptions.

ISSUE
Did Def. have a duty to provide certain medical treatment to the Pl.?

FACTS
Invitee has a cardiac arrest in a casino, falls down, unconscious, nurse on duty is called by a security guard comes to assist, does not bring intubation kit with her as she was not qualified to use it, ambulance arrives shortly after, Pl. survives but is left with permanent disabilities.

RULES
1. In absence of a contract/statute, an employer generally has no duty to provide medical service to treat an employee if the illness/injury was a result of his own negligence (has to provide for employee if employee is engaged in employer’s work and helpless.)
2. R: Common carrier is under a duty.. (page 507)
3. R: One who is no duty to do so, takes charge of another who is helpless... (page 508)
4. New Jersey’s Good Samaritan Act “anyone who in good faith renders emergency aid at the scene of an emergency to the victim shall not be held liable for any civil damages as a result of acts or omissions by such person in rendering the emergency care.”

APPLICATION
-The nurse brought only the equipment she was qualified to use.
-The purpose of the Good Samaritan Act is to encourage the rendering of assistance to victims by providing that the voluntary rendering of aid will not give rise to any liability that would not otherwise exist.
 
HOLDING
-Pl.’s motion for summary judgment was properly granted.

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