San Jose Sports And Entertainment Llc

1048 Words Sep 23rd, 2015 5 Pages
Christine Rotolo, et al., Plaintiffs and Appellants, v. San Jose Sports and Entertainment LLC, al., Defendants and Respondents.
2007 Cal. LEXIS 843
Court of Appeal of California, Sixth Appellate District

FACTS OF THE CASE Plaintiffs, Christine Rotolo sued San Jose Sports and Entertainment LLC, Inc. that has responsibility of a teenager’s death. The teenager was died while participating in an ice hockey game, due to the sudden cardiac arrest. San Jose Sport and Entertainment LLC is the operator and service provider of the ice hockey facility. Christine Rotolo stated San Jose Sport and Entertainment LLC is the operator of the air hockey facility and has the duty to notify users of the facility of the existence and location of an automatic external defibrillator (AED) at the facility. And, San Jose Sport and Entertainment LLC has the responsibility of negligence of the wrongful death. Before appealed, the Superior Court of Santa Clara County, California, has the judgment in favor of the operators. Then, the parents appealed.
The court’s decision is based on the California common law. Plaintiff stated the operators benched the duty of care which caused the death was not supported by the statutes or the principles developed on the California common law. The acquisition and use of AEDs in California also reflected legislative policy to encourage the availability of AEDs. Law provides immunity from liability for those who acquired the devices, when they were used in an attempt…
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