California's
top court says Target not required to carry in-store defibrillators
Send a link to a friend
[June 24, 2014]
By Jennifer Chaussee
SACRAMENTO (Reuters) - California's top
court on Monday unanimously ruled that large retailers are not required
to provide automated external defibrillators (AEDs) inside their stores,
deciding in favor of Target Corp in a wrongful death lawsuit brought
after a shopper's sudden death.
|
The Supreme Court in California dismissed the argument that the
U.S. retailer fell under a state health code statute that requires
gyms and other "health studios" to make available the life-saving
machines.
"We conclude that, under California law, Target's common law duty of
care to its customers does not include a duty to acquire and make
available an AED for use in a medical emergency," the six-judge
panel wrote in an opinion on Monday.
The court's decision was a defeat for the mother and brother of
49-year-old Mary Ann Verdugo, who died of a sudden heart attack
while shopping with her at a Target store in 2008 Pico Rivera,
California, a city near Los Angeles.
![](http://archives.lincolndailynews.com/2014/Jun/24/images/ads/current/napa_bch1-3108.png) The wrongful death lawsuit alleged the company violated a common law
duty to provide first aid to the large volume of customers that
frequent its California stores daily, noting that AEDs retail on its
website for $1,200.
"The inexpensive availability of AEDs and their ease of use with
even minimal or no advance training have led to on-site CPR
(cardiopulmonary resuscitation) and AED assistance to now be an
expected part of first aid response," the Verdugo's complaint said.
[to top of second column] |
![](http://archives.lincolndailynews.com/2014/Jun/24/images/ads/current/ldn_gives_more_lda.png)
The California Supreme Court upheld decisions by a U.S appeals court
and lower courts that all ruled against the Verdugo family.
"The safety and security of our guests and team members is our top
priority and we are pleased with the California Supreme Court
decision," Target said in a statement.
(Writing by Eric M. Johnson; Editing by Matt Driskill)
[© 2014 Thomson Reuters. All rights
reserved.] Copyright 2014 Reuters. All rights reserved. This material may not be published,
broadcast, rewritten or redistributed.
![](http://archives.lincolndailynews.com/2012/Jun/18/images/ads/current/ldn_sda_062409.png) |