Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone
The parents of a high school cross country runner who died at the 2012 New York State Championship Race have filed a wrongful death suit against a number of entities, including a local fire company claiming the company failed to provide an ambulance to stand by for the event.
On November 9, 2012 Ronan Guyer, 14, a runner from Long Island, slipped and fell during a practice run at the Elma Meadows Golf Course in Erie County just prior to the start of the state championship race. According to news reports it is believed that Guyer struck his chest in the fall precipitating cardiac arrest.
The complaint names Erie County as owner of the golf course; Jamison Road Volunteer Fire Company; the New York State Public High School Athletic Association (NYSPHSAA); Section VI of the NYSPHSAA; and Guyer’s high school, Southold Union Free School District.
According to the complaint the Jamison Road Volunteer Fire Company “was contacted to provide an ambulance at Elma Meadows Golf Course on the day Ronan collapsed” and “negligently failed to attend the Championships; negligently failed to disclose that it would not attend; and negligently failed to contact another fire house to provide an ambulance.” [Note: the complaint says “contacted” not “contracted”].
The 12 page 83 paragraph 10 count complaint was filed in Erie County Supreme Court last Tuesday. It alleges that each of the defendants “negligently failed to take adequate safety measures that would have prevented Ronan’s death.”
A recurrent theme in all of the counts was the “failure to have appropriate medical personnel on site”; the “failure to provide an automated external defibrillator”; and the “failure to ensure the presence of an ambulance.”
New York law requires all public schools in the state to have at least one functioning AED and staff personnel capable of using it. Article 19 § 917 of the New York Education Law, reads as follows:
§ 917. On-site cardiac automated external defibrillator
School districts, boards of cooperative educational services, county vocational education and extension boards and charter schools shall provide and maintain on-site in each instructional school facility automated external defibrillator (AED) equipment, as defined in paragraph (a) of subdivision one of section three thousand-b of the public health law, in quantities and types deemed by the commissioner in consultation with the commissioner of health to be adequate to ensure ready and appropriate access for use during emergencies.
Whenever public school facilities pursuant to subdivision one of this section are used for school sponsored or school approved curricular or extracurricular events or activities and whenever a school-sponsored athletic contest is held at any location, the public school officials and administrators responsible for such school facility or athletic contest shall ensure the presence of at least one staff person who is trained, pursuant to paragraph (a) of subdivision three of section three thousand-b of the public health law, in the operation and use of an AED. Where a school-sponsored competitive athletic event is held at a site other than a public school facility, the public school officials shall assure that automated external defibrillator equipment is provided on-site.
The complaint does not state a dollar amount for damages.
Here is a copy of the complaint. Wrongful_Death_Lawsuit
