Drew v. LeJay's Sportsmen's Cafe, Inc.
806 P.2d 301 (1991)
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Rule of Law:
A restaurant's legal duty to a customer in medical distress is satisfied by summoning emergency medical assistance within a reasonable time. This duty of reasonable care does not extend to providing medical training to staff or requiring employees to render first aid.
Facts:
- On July 5, 1986, after several hours of drinking, Eddie Drew and Ted Gonzales went to LeJay’s Sportsmen’s Cafe.
- While eating his meal at the cafe, Drew began to choke on a large piece of meat.
- Gonzales, realizing the severity of the situation, repeatedly asked restaurant employees for help, stating that Drew was dying.
- Restaurant staff did not render aid; instead, other customers placed Drew on the floor and attempted mouth-to-mouth resuscitation.
- After Gonzales's persistent requests for help, a restaurant employee threatened to call the police, and Gonzales agreed they should be called.
- An ambulance was eventually summoned and transported Drew to the hospital.
- At the hospital, a two-inch by two-inch piece of meat was removed from Drew's trachea.
- Despite medical efforts, Drew was pronounced dead later that day due to cardiorespiratory arrest caused by the obstruction.
Procedural Posture:
- Wauneta Drew filed a wrongful death action against LeJay’s Sportsmen’s Cafe, Inc. in a Wyoming trial court.
- LeJay's filed a motion for summary judgment, arguing it had no legal duty to render first aid.
- The trial court granted partial summary judgment for LeJay's, holding that the restaurant did not have a duty to render first aid.
- The case proceeded to a jury trial on the issue of the duty to summon medical assistance.
- The trial court instructed the jury that the restaurant's legal duty is met when it summons medical assistance within a reasonable time.
- The jury returned a verdict in favor of LeJay's.
- Wauneta Drew (Appellant) appealed the partial summary judgment and the final judgment to the Supreme Court of Wyoming.
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Issue:
Does a restaurant's duty of care to an invitee who becomes ill or injured extend to rendering first aid, or is the duty satisfied by summoning professional medical assistance within a reasonable time?
Opinions:
Majority - Golden, Justice
No, a restaurant's duty does not extend to rendering first aid; the duty is satisfied by summoning medical assistance within a reasonable time. The court declined to adopt the broader duty outlined in the Restatement (Second) of Torts § 314A, which would require providing first aid. The court reasoned that imposing a duty to render first aid would create an undue burden on business invitors, citing the high employee turnover in the food service industry and the time and expense of continuous training and certification. Furthermore, the court noted the statistical rarity of such incidents and questioned whether layperson first aid would have been effective, concluding that the proper standard of reasonable care is to summon professional medical responders in a timely manner.
Dissenting - Cardine, Justice
Yes, a business proprietor's duty should extend beyond merely summoning aid to include providing such assistance as is within their present ability. The dissent argued that the special relationship between a business invitor and an invitee imposes a greater duty than that of a stranger. Unlike a mere bystander, a business owner cannot stand idly by and refuse to provide available assistance. The dissent contended that a proprietor must provide such reasonable aid as is within their present ability, which would include first aid if, for example, a trained employee is on staff. The dissent also criticized the trial court's jury instruction, arguing that it was tantamount to a directed verdict for the defendant.
Analysis:
This decision establishes a clear, bright-line rule in Wyoming that narrows the scope of a business invitor's duty to an invitee experiencing a medical emergency. By explicitly rejecting the broader duty to render first aid found in the Restatement (Second) of Torts § 314A, the court prioritizes predictability for businesses over a potentially more protective standard for patrons. The ruling effectively insulates businesses from liability for failing to administer first aid, shifting the legal focus in such negligence cases from the quality of aid rendered to the timeliness of the call for professional help. This precedent will likely be influential in similar premises liability cases, defining the limits of a business's responsibility for on-site medical emergencies.
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