Tort 5

Matt Fitness was sitting at his desk at Exercise World around 9 p.m. on January 11, 2017 when he heard someone call for help. Matt got up from his desk, told the receptionist to call 911, and ran to the back of the gym where the yell came from and observed Jack Cardio lying on his back surrounded by fellow gym patrons. Jack was bleeding from a cut on his head and shaking from small convulsions; his face was red, and yellow foam was coming from his mouth. Matt was certified in CPR and believed Jack was in need of CPR. Instead of assisting Jack, the gym employees, including Matt, merely sat and stared at Jack as they waited for the paramedics to arrive. It was ten to twelve minutes between the time Jack Cardio collapsed and the paramedics’ arrival. It was determined by the coroner that the cause of death was a heart attack which was caused in part by diet pills that Jack was taking at the time of his death. Jack’s wife sued Exercise World for wrongful death, alleging that the gym had a duty to rescue Jack and specifically that Matt had a duty to render CPR when he found Jack lying on the floor.

Part 1: Please draft an IRAC and determine whether Jill is likely prevail against Exercise World. 

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Part 2: Let’s change the facts a little. Suppose Matt began CPR, and a doctor at the gym saw him administering it so he continued working out instead of helping, but then Matt gave up the CPR because he had to leave to meet his girlfriend. Please write 2 – 3 paragraphs discussing whether Jill is likely to prevail under these changed circumstances.   

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