On Monday, April 6, 2015, the Daily Business Review (the "Official Court Newspaper of South Florida") featured David C. Rash and his catastrophically injured client, Abel Limones, Jr., after successfully appealing to the Florida Supreme Court the summary final judgment granted by the trial court and affirmed by the Second District Court of Appeal in favor of the School Board of Lee County. DBR Limones Article.pdf
On April 2, 2015, the Florida Supreme Court reversed the Second District's opinion affirming the trial court's summary final judgment entered in favor of the School Board of Lee County. Abel was a student athlete who collapsed on the soccer field during a match between his high school and another in Lee County. Abel stopped breathing and his coach who had begun CPR yelled for the AED that was just 20 feet from where Abel collapsed. However, the School Board personnel who were required by Florida law to be trained to use the AED sat on their thumbs and did not provide the AED to the coach, nor did they try to use it themselves. By the time the fire department and emergency medical services arrived in response to the 911 call, it was too late to prevent the catastrophic anoxic brain injury Abel suffered due to the delay in applying defibrillation. Upon arrival, the emergency personal put their defibrillator on Abel and were successful in resuscitating him after several shocks and the administration of medications, but by that time nearly 26 minutes had passed. Had the School Board personnel simply given the AED that was right there to the coach when asked, Abel would not have sustained the severe brain injury he is now left with for the rest of his life. Being in a near persistent vegetative state requires 24 hour care that his family is providing now because they cannot afford professional care.
Now, as a result of the Florida Supreme Court's tremendous ruling that the case is to be remanded back to the trial court for a jury trial, David C. Rash will get the opportunity to present the case to a jury to find out if they want to protect their community from the School Board's violation of the student-athlete safety rules as in this case so that it is not doomed to be repeated.