DiGiulio v. Gran, Inc.
Mr. DiGiulio suffered a cardiac arrest at a New York Health and Racquet Club in 2006 while on a treadmill, leading to his death. Club employees, including an assistant manager trained in defibrillator use, failed to use an available defibrillator, believing it was locked. The plaintiff argued the club was negligent under common law and violated General Business Law § 627-a (1) by failing to make the defibrillator accessible. The court ruled that Mr. DiGiulio assumed the risk of cardiac arrest by exercising. Furthermore, the court found the club complied with the General Business Law because the defibrillator was accessible, and the employee's poor judgment did not extend liability to the club. Therefore, the defendants' motion for summary judgment was granted, and the complaint was dismissed.