Summary
In Coccarello, 421 So.2d at 195, the Third District cited Starling and the Restatement (Second) of Torts § 314A in affirming summary judgment in favor of a restaurant that was sued by the wife of a restaurant patron who died after choking on food at the restaurant.
Summary of this case from Fitness v. MayerOpinion
No. 81-2692.
November 9, 1982.
An Appeal from Circuit Court, Dade County; Rhea Pincus Grossman, Judge.
Horton, Perse Ginsberg, Carroll, Halberg Meyerson, Miami, for appellants.
Richard E. Hardwick, Coral Gables, Daniels Hicks and Patrice A. Talisman, Miami, for appellees.
Before HENDRY, BASKIN and FERGUSON, JJ.
Where restaurant patron, in the presence of his wife and other customers, choked on food which caused his death the restaurant was not liable. A physician who was also a patron immediately treated the victim to no avail. Employees of the restaurant called a rescue team which arrived within five minutes.
A proprietor of a public place has a duty only to take reasonable action to give or secure first aid after he knows that a patron is ill or injured; he is not required to take any action beyond that which is reasonable under the circumstances. See Personal Representative of the Estate of John Edward Starling v. Fisherman's Pier Inc., 401 So.2d 1136 (Fla. 4th DCA 1981), citing to Restatement (Second) of Torts § 314 A. The action taken by the proprietor under the circumstances herein was reasonable.
Summary Judgment is AFFIRMED.