Family sues because Target didn't have automated external defibrillator available ...

Discussion in 'The Bar' started by 2Manboobs, Dec 12, 2012.

  1. 2Manboobs

    2Manboobs New Member Shot Dead

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    ...to shock their obese relative back into sinus heart rhythm.

    Is this a righteous, or frivolous lawsuit?

    Must some stores buy lifesaving defibrillators? Court will decide


    How far does the duty to try to save a life go?

    That philosophical question became a legal one Tuesday as the California Supreme Court was asked to weigh in. In recent years, many stores and government buildings have installed automated external defibrillators, which can save the lives of people whose hearts stop. But now the court must decide whether a store can be required to have a defibrillator - and held liable if it doesn't.

    The question in the underlying case is whether Target Corp. is responsible for the death of a woman who went into cardiac arrest and died in a Los Angeles County store.

    But the court's answer could have broad implications for stores across California.

    Mary Ann Verdugo, 49, went into cardiac arrest on Aug. 31, 2008 at the Target in Pico Rivera. By the time paramedics got to her, she was dead.
    The store did not have an automated external defibrillator, or AED. Verdugo's family sued Target in state court, arguing the company breached its duty to provide care to members of the public invited into its store. The case was moved to federal court because Target is headquartered in another state, Minnesota. A federal trial judge threw the case out, ruling Target had no legal duty to have an AED on hand. Verdugo's mother and brother appealed.

    There's no California law requiring any store to have defibrillators on hand. But long-standing state common law requires stores...

    http://www.dailynews.com/news/ci_22171955/must-some-stores-buy-lifesaving-defibrillators-court-will
    Last edited: Dec 12, 2012
  2. Mr. Potato Head

    Mr. Potato Head ~Would Like to Play~ VIP

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  3. zhukov

    zhukov His brain is gone, Jim VIP

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    this is what the world is coming to

    dead obese people have the right to blame others for their sins
  4. BaddFunn

    BaddFunn Kick ass fuck yeah VIP

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    seems less shocking than suing Phillip Morris for getting lung cancer.









    less shocking
  5. MatthewT

    MatthewT Awaiting The Rapture VIP

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    it appears they already lost this case
  6. zhukov

    zhukov His brain is gone, Jim VIP

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    If you are a fat fuck buy your own AED and carry it around. Target sells em.
  7. Lemmy

    Lemmy Douchebag Extraordinaire VIP

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    It would have been great if they had one but fuck her family. Maybe the family should have invested in one rather than depend on a corporation. Not their problem.
  8. FlaFlaFlunkie

    FlaFlaFlunkie Fabulous!

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    Yeah, something inherently doesn't seem right here.

    The only way I could see them being (in any way) liable is if there's a local town ordinance that requires all retail stores (I guess that would have to extend to any public, commercial facility [supermarkets, malls, the local Dunkin' Donuts, etc.]) and they'd have to submit to regular inspections.

    Otherwise, I don't know how they could be? Is the very installation of a defibrillator imply a contract with the end-user, promise or liability?

    We need a lawyer here. :cmon:
  9. MatthewT

    MatthewT Awaiting The Rapture VIP

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    "no duty" is not appealable, iirc
  10. Smell Muhfinger

    Smell Muhfinger "is just really nice?"

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    Target ain't a god damn hospital, wtf!!! :rolleye:
  11. Ben Dover

    Ben Dover Well-Known Member

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    Ugh, I hate just about everyone in the world now
  12. Vyb

    Vyb serial chiller Staff Member

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    Betcha this gets thrown out. Too slippery a slope.
  13. baltimore mike

    baltimore mike known madman

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    i drive around with one
  14. Bye You!

    Bye You! Extreme VIP Gold

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    How do we know she was obese?
  15. Markijuano

    Markijuano New Member Shot Dead

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    Depending on the time of the final certificate of occupancy they may be in violation of the ADA requirements.
  16. zhukov

    zhukov His brain is gone, Jim VIP

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    the dissenting judge said he would rule in favor of the dead fat fuck

    which is all it takes to change case law and add another layer of insanity to society
  17. zhukov

    zhukov His brain is gone, Jim VIP

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    cardiac arrest at age 49?

    nah she OD'd on carrot juice
  18. Swayze

    Swayze Guest

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    Fat sue happy Americans :jj:
  19. Vyb

    Vyb serial chiller Staff Member

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    That's responsibly fat.
  20. blairg

    blairg loving Mari

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    if the holiday sales were so shocking she had a heart attack she may have a case.

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