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Lundy v. Adamar of New Jersey, Inc.
Citation:
34 F.3d 1173 (3d Cir. 1994)Facts
Sidney Lundy was a 66-year-old man with a history of heart problems. One evening, Lundy and his wife were inside TropWorld Casino when he suffered a heart attack. Seconds after the attack started, three medically-trained patrons came to his aid. Additionally, a blackjack dealer pressed a “panic” button at the table that alerted the casino’s medical staff that an emergency was in progress. The on-staff nurse came down within a minute or two and provided medical treatment. Notably, the nurse did not have an intubation kit on hand to provide Lundy with additional oxygen supply.
Minutes later, EMT services showed up at the casino, and Lundy received an intubation after numerous attempts. Lundy survived and sued Andaman of New Jersey, the owner and operator of TropWorld, claiming that Adaman owed a duty to Lundy to provide medical care to its patrons. The district court granted summary judgment for Adaman, and Lundy appealed.
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