ALBANY, N.Y. (AP) - While state law requires New York health clubs to have defibrillators and train staff to use them, they aren't required to use them when a patron goes down.
That's the ruling of New York's top court in the 2007 death of Gregory Miglino Sr., who collapsed in cardiac arrest at a Long Island health club owned by Bally Total Fitness of Greater New York.
Gym staff called 911, broadcast an in-house request for anyone with medical training and brought the club's defibrillator to Miglino's side, where a trainer detected breathing and a pulse but didn't use it.
A doctor and medical student began cardio-pulmonary resuscitation, paramedics arrived and shocked Miglino, but he died.
The Court of Appeals says Thursday a negligence lawsuit can proceed but the gym's duty is limited.
Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Friday, May 24 2013 6:09 PM EDT2013-05-24 22:09:59 GMT
New York State has 17,000 highway bridges. There are some bad ones. The Tappan Zee Bridge, for example, is set to be replaced because of aging infrastructure.
New York State has 17,000 highway bridges. There are some bad ones. The Tappan Zee Bridge, for example, is set to be replaced because of aging infrastructure.
Authorities say police divers will be back in the Hudson River to resume the search for a man who went into the water while fishing from an Albany-area dock.
Authorities say police divers will be back in the Hudson River to resume the search for a man who went into the water while fishing from an Albany-area dock.
Friday, May 24 2013 12:50 PM EDT2013-05-24 16:50:33 GMT
County sheriffs have asked to join the federal lawsuit challenging New York's tough new gun restrictions, calling some provisions vague and impossible to enforce fairly.
County sheriffs have asked to join the federal lawsuit challenging New York's tough new gun restrictions, calling some provisions vague and impossible to enforce fairly.
Thursday, May 23 2013 8:50 PM EDT2013-05-24 00:50:04 GMT
Heavy downpours sparked flash flooding across the tristate area on Thursday. The National Weather Service issued numerous weather alerts for many counties in New York, New Jersey, and Connecticut.
Heavy downpours sparked flash flooding across the tristate area on Thursday. The National Weather Service issued numerous weather alerts for many counties in New York, New Jersey, and Connecticut.
Wednesday, May 22 2013 10:08 PM EDT2013-05-23 02:08:29 GMT
A bus chaperone is accused of going on a profanity-laced tirade towards a group of 12 and 13-year-olds and a piece of candy may be what started the incident.
A bus chaperone is accused of going on a profanity-laced tirade towards a group of 12 and 13-year-olds and a piece of candy may be what started the incident.
Wednesday, May 22 2013 6:15 PM EDT2013-05-22 22:15:21 GMT
An Army soldier has been charged with secretly photographing and videotaping women at the U.S. Military Academy at West Point, including in a bathroom.
An Army soldier has been charged with secretly photographing and videotaping women at the U.S. Military Academy at West Point, including in a bathroom.
Wednesday, May 22 2013 8:10 AM EDT2013-05-22 12:10:21 GMT
Commuter rail service from Connecticut to New York City, along with Amtrak service between Boston and New York, was back on schedule Wednesday morning on one of the nation's oldest and most heavily traveled railways.
Commuter rail service from Connecticut to New York City, along with Amtrak service between Boston and New York, was back on schedule Wednesday morning on one of the nation's oldest and most heavily traveled railways.