Wallis v. Brainerd Baptist Church

Plaintiff’s husband collapsed and died after participating in an exercise class at a fitness facility owned and operated by Church. Plaintiff filed a wrongful death action against Church alleging that Church negligently failed to utilize the automated external defibrillator (AED) on site that the facility, to train facility personnel on the proper use of the AED, and to comply with applicable state statutes. Church filed a third-party complaint against the company that sold it the AED (Seller), alleging that, should Plaintiff recover a judgment against it for failing to comply with statutes, Seller should be solely responsible for the judgment. Plaintiff then filed a second complaint naming Seller as a defendant. Seller moved for summary judgment against Plaintiff and Church, arguing that it owed no duty of care to Plaintiff or her husband. The trial court denied the motion. The Supreme Court reversed, holding (1) Seller did not owe a duty of care to Plaintiff’s husband or other users of the fitness facility independent of its contract with Church; and (2) Church had no duty to acquire or use the AED it purchased from Seller, and therefore, Plaintiff’s husband was not a third-party beneficiary of Church’s contract with Seller. Remanded for entry of summary judgment in favor of Seller. View "Wallis v. Brainerd Baptist Church" on Justia Law