Lundy v. Adamar Of New Jersey, Inc.

34 F.3d 1173 (1994)

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Nature of the Case

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Facts

P, a 66-year-old man with a history of coronary artery disease, was at D's casino. P suffered cardiac arrest and fell to the ground, unconscious. Three other patrons began to assist him. Essie Greenberg, a critical care nurse. Dr. Martin Greenberg. a pulmonary specialist and an unidentified surgeon. The blackjack dealer at the table pushed an emergency 'call' button at his table which alerted D that a problem existed. A security guard requested medical assistance. Nurse Slusher arrived on the scene within a minute or two of being summoned. She instructed the security guards to call for an ambulance. An ambulance was summoned at 11:00 p.m., 3 minutes after the electronic alarm was initiated. Nurse Slusher had not brought an intubation kit to the scene. She did not bring this equipment with her because she was not qualified to use it. Dr. Greenberg had requested the intubation kit to provide a more efficient means of delivering oxygen but was satisfied that the ambu-bag which Slusher has brought was doing the job. An 'EMT' unit arrived at 1:03 p.m. They performed an intubation, but it was a very difficult, and there were at least a half dozen failed attempts before the procedure was successfully completed. After intubation, P regained a pulse, and his color improved. The hospital was less than a minute or two away. P sued D for permanent injuries suffered. P alleged in part that D owed a duty to have a physician on site to perform basic first aid. The court granted D a summary judgment. The court held that New Jersey's Good Samaritan Statute shielded D and its employees from liability for any acts or omissions they took while rendering care in good faith to P. P appealed.