David C. Rash is busy preparing for Oral Argument in the Florida Supreme Court on October 6, 2014 in Limones v. School District of Lee County, et al. - Case No. SC13-932. Mr. Rash is fighting for the family of a young high school student who collapsed on the soccer field during a high school match in 2008. He quickly stopped breathing and became pulseless. His heart was in ventricular fibrillation and he needed defibrillation with the AED the School District required be present at every game and practice. The young boy's coach began CPR and yelled out several times for the AED, but school administrators in charge of the AED stood by and never gave it to the coach. After a lawsuit was filed, the school administrators now incredulously claim the AED was on a golf cart just 20 feet from where the boy collapsed. The fire department and emergency medical services arrived on the scene, applied their own defibrillator and, not surprisingly, were able to resuscitate the young student. However, the delay in applying an AED caused by the school administrators' not providing it to the coach despite now claiming it was right there, resulted in this young boy sustaining catastrophic brain damage from the lack of oxygen during his resuscitation that would have been much quicker had the school administrators provided the coach the AED. The child miraculously survived, but is essentially in a near vegetative state and needs 24 hour care for the rest of his life. Thus far, his incredible family has struggled to provide his care since the School District has refused to accept responsibility for this violation of the safety rule mandating that they take proper post-injury procedures to protect a student from an aggravation of an injury. Tragic incident that caused unimaginable harms and losses to the young high school student and his family, and that could potentially happen to anyone else who turn their children over to schools with the expectation that they will be safe.
Hopefully, the Florida Supreme Court will undo the erroneous trial court's and appellate court's erroneous misapplication of well-established Florida law that required this matter be presented to a jury to determine if under the facts of the case, the School District failed in its duty to protect a student from an aggravation of an injury by not providing the AED that they claim was in the immediate vicinity when the boy's coach was calling for it and that he knew was needed to resuscitate the young student athlete.
Its been nearly 6 years since this preventable tragedy occurred, and David C. Rash continues to fight for individuals, families and this community when carnage results from those that do not follow the safety rules meant to protect us all.