A school board isn’t under any duty – common law or statutory – to maintain, make available or use an automated external defibrillator on a student-athlete in distress.

Abel Limones, Jr. was playing in a high school soccer game when he collapsed on the field. His coach and a nearby nurse attempted to revive him and at one point his coach called for someone to bring him the AED that was located on the opposite side of the soccer field, but to no avail.

Tragically, the East Lee County student is now in a permanent vegetative state.

Among other common-law duties, the school had a duty to use "appropriate post-injury efforts to protect the brain injury against aggravation." But the Second DCA duty was unwilling to impose such a duty in relation to an AED.

Nor would the Second DCA impose a duty via the "undertaker’s doctrine." This doctrine obligates those who freely render aid to do so with reasonable care.