VERDUGO V. TARGET

Issue: Medical Equipment in Retail Stores
Court: Supreme Court of California

Question Presented:
Request under California Rules of Court, rule 8.548, that this court decide a question of California law presented in a matter pending in the United States Court of Appeals for the Ninth Circuit. The question presented is: "In what circumstances, if ever, does the common law duty of a commercial property owner to provide emergency first aid to invitees require the availability of an Automatic External Defibrillator ('AED') for cases of sudden cardiac arrest?"

RLC's Position:
The RLC filed a brief asking the Supreme Court of California to affirm the lower court’s ruling that under California common law, retailers are not obligated to acquire automatic external defibrillators (AEDs) in anticipation of potential medical emergency. For retailers, the burden of maintaining AEDs outweigh the foreseeability of harm.

Case Outcome: 
The California Supreme Court affirmed the lower court's ruling and held that California common law does not require large retailers to acquire AEDs in their stores.

Procedural History and Case Documents:

• Certification granted January 2013
• Verdugo v. Target Brief on the Merits filed April 2013
• Opposition filed September 2013
• Reply brief filed October 2013
• Target's Answer to Amici filed January 2014
• Target's Supplemental Request for Judicial Notice filed January 2014
• Verdugo's Answer to Amici filed January 2014
• Respondent's Brief from Target filed April 2014
• California Supreme Court Decision issued June 2014

Please use the DOWNLOAD button below to access the RLC's Brief.