Applebaum v. Nemon

David and Suzanne Nemon (plaintiffs) dropped off their two-year-old son, Howard, at a children’s day-care center staffed in part by Sanford and Marilyn Applebaum, Noreen DeBoy, and Jackie Jones (defendants). While the children were playing outside, Jones instructed Howard to line up to return inside. When Howard did not respond, Jones went over to him on the playground, found him unconscious, and summoned Sanford, who then called for an ambulance. Sanford rendered mouth-to-mouth resuscitation to Howard for several minutes and then called the fire department because the ambulance had not yet arrived. Eventually, the ambulance arrived and transported Howard to the hospital, where he was pronounced dead. Howard’s parents brought suit against the day care and its employees for the wrongful death of their son, arguing in part that the day care should have trained its employees in cardiopulmonary resuscitation (CPR). The jury issued a special verdict, failing to find that Howard was injured on the playground, finding that the day care failed to provide adequate life-saving aid to Howard, and finding that the day care’s failure to teach its employees proper emergency measures was negligent and proximately caused Howard’s death. The day care appealed, arguing that the day care did not owe a duty to provide sufficient life-saving aid to Howard or instruct its employees in emergency procedures.