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DELIBERO v. Q CLUBS, INC.

No. 4D06-806.

956 So.2d 1286 (2007)

Angela DeLIBERO, individually, and as Guardian of the Property of Michael DeLibero, Appellant, v. Q CLUBS, INC., d/b/a "Q" The Sports Club, 24 Hour Fitness USA, Inc., f/k/a 24 Hour Fitness, Inc., and Fitness Holdings Worldwide, Inc., f/k/a Fitness Holdings, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

June 6, 2007.

Attorney(s) appearing for the Case

Nancy Little Hoffman of Nancy Little Hoffman, P.A., Ft. Lauderdale, and Howard L. Pomerantz of Abramowitz & Pomerantz, P.A., Sunrise, for appellant.

Rosemary B. Wilder of Marlow, Connell, Valerius, Abrams, Adler, Newman, Lewis & Blevins, Coral Gables, for appellees 24 Hour Fitness, USA, Inc., and Fitness Holdings Worldwide, Inc.

Michael A. Mullen and Anne C. Sullivan of Gaebe, Mullen, Antonelli, Esco & DiMatteo, Coral Gables, for appellee Q Clubs, Inc.

KLEIN, J.

Michael DeLibero, while exercising at the defendant's health club, suffered sudden cardiac arrest. Club employees called 911 and performed CPR, but the club did not have an automatic external defibrillator, which will deliver an electric shock to the heart. DeLibero survived, but suffered brain damage, and filed this suit against the club for negligently failing to have a defibrillator available. The plaintiffs appeal a defense verdict.

An automatic...

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