Drew v. LeJay’s Sportsmen’s Café, Inc.
Wyoming Supreme Court
806 P.2d 301 (1991)
- Written by Sharon Feldman, JD
Facts
After drinking for several hours, Eddie Drew (Eddie) and a friend went to LeJay’s Sportsmen’s Café (LeJay’s) (defendant). Eddie began eating and started to choke. Eddie’s friend made several attempts to get the attention of restaurant employees. Customers finally helped by giving Eddie mouth-to-mouth resuscitation, and the police were called. At the hospital, a chunk of meat was removed from Eddie’s trachea. Eddie died later that day. Eddie’s mother (Drew) (plaintiff) brought a wrongful-death action against LeJay’s, alleging that LeJay’s was negligent in failing to render first aid to Eddie and summon help. The court rejected Drew’s request for a jury instruction based on the special relationships identified in the Restatement (Second) of Torts § 314A that give rise to a duty to aid or protect. The jury was instructed that a restaurant whose employees know a customer needs emergency medical attention has a duty to summon medical assistance within a reasonable time but not to provide medical training to personnel or medical rescue services to customers. The jury returned a verdict for LeJay’s. Drew appealed.
Rule of Law
Issue
Holding and Reasoning (Golden, J.)
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